Terms of Use 

 

This website is owned and managed by Munira Hudani, PT Inc. (“Munira Hudani, PT, “us,” “our,” or “we”). Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Kajabi. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature.


A breach or violation of any of the Terms will result in an immediate termination of your Services.

 


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products may vary in colour, appearance and design to promotional images. 

SECTION 5 - REFUND POLICY

By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and refunds will only be provided on a case by case basis and only within a 7 day period from purchase date.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy. .

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Munira Hudani, PT Inc., our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION


You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 17 - MEDICAL ADVICE 


This website does not provide medical advice. The content on this website is strictly for informational and educational purposes and does not constitute or substitute medical advice. The content on the website includes:
-    text, images, videos, and blogs on munirahudanipt.com
-    content displayed on Munira Hudani, PT’s social media (as “social media” is defined in the Website’s Privacy Policy);
-    information obtained from Munira Hudani, PT’s licensors or third parties;
-    logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features,       

     collections and other materials you may view on, access through, or contribute to this Website.


If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. In case of any medical emergency, call 911 immediately.


SECTION 18 - RELATIONSHIP

 

This website does not create a provider-patient relationship. 
Your use does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. Information on this website does not constitute the practice of physiotherapy. 


SECTION 19 - HEALTH DISCLAIMER


You understand that Munira Hudani, PT Inc. is not responsible for any injuries that you sustain from participating in any of the activities described on this Website or through its Content. You expressly waive any claim for any injury at any time against Munira Hudani, PT Inc.  or any person or entity involved with Munira Hudani, PT Inc. including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.


Your use of the Website and its Content demonstrates your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.


While our Content might suggest particular exercises, stretches, equipment use, or fitness instruction, it is your sole responsibility to ascertain if such behavior is consistent with your ability and safe for you to do.


SECTION 20 - NO GUARANTEE OR WARRANTY OF OUTCOME

 

The testimonials and examples on this Website should not be construed as guarantees that you will attain similar results. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Website. Munira Hudani, PT Inc. does not guarantee or warranty you will have a specific result. 


SECTION 21 - DISCLAIMER AND WARRANTY 


THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

 


SECTION 22 - LIMITED LIABILITY


Munira Hudani, PT Inc., its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. 


By using this Website, you agree that Munira Hudani, PT Inc. is not responsible to you or others for any loss or damage that results from your use (or nonuse) of this Website or any linked third-party website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website or its Content.


Munira Hudani, PT Inc. is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Munira Hudani, PT Inc. is to stop using this Website. Without limiting the preceding paragraphs, you expressly release Munira Hudani, PT Inc. from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.


SECTION 23: PROTECTED HEALTH INFORMATION


We do not store or transmit protected health information (“PHI”) through this Website, this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”). Do not share PHI through our “contact us” features or on our social media.


If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Munira Hudani, PT Inc. against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.

SECTION 24 - USE OF CONTENT ON THIS WEBSITE​

Munira Hudani, PT Inc, or its licensors, owns the entirety of the Content on this Website, unless otherwise stated. The Content is protected by United States and worldwide copyright laws and treaty provisions.


Munira Hudani, PT Inc. grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Content so long as you perpetually meet these two conditions: (1) You are compliant with these Conditions of Use; and (2) You do not modify, delete, or change any copyright, trademark, or other proprietary notice. 


Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.


If you would like to reference Munira Hudani, PT’s Content in your materials, website, courses, lectures, articles, blogs, or by any other method, you must first obtain written permission from Munira Hudani, PT. Failure to do so will violate these Conditions of Use and subject you to potential fines and legal action.


Under these Terms of Use, all rights that are not expressly granted are reserved to Munira Hudani, PT Inc.


SECTION 25 - PROPRIETARY RIGHTS


This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the Privacy Policy or these Conditions of Use is prohibited.
Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited. If you are using this Website to access Munira Hudani, PT Inc.’s courses and educational materials, you may be subject to additional terms and conditions of use.

SECTION 26 - CONSENT TO ELECTRONIC COMMUNICATION

 

If you provide Munira Hudani, PT Inc. with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.

 

SECTION 27 - GOVERNING LAWS AND JURISDICTION

These terms are governed and shall be construed in accordance with the laws of the province of Alberta, Canada. Further, you (the buyer/purchaser) and Munira Hudani, PT Inc. agree to the jurisdiction of the federal and provincial courts located in Edmonton, Alberta, to resolve any dispute, claim, or controversy, that relates to, or arises in connection with these terms, or products sold by Munira Hudani, PT Inc. You (the buyer/purchaser) waive any jurisdictional venue, or inconvenient forum objections to such courts. 

 

SECTION 28 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]