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Terms and Conditions

Please read these terms and conditions carefully. They govern the use of this website, acceptance of which constitutes a legally binding contract.

By accessing the Active Back Care website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.

If you do not agree to these terms, you should not review information or obtain services, goods or products from this site.

This site has been provided for informational purposes only and should not be used as a substitution for medical advice or assistance from a medically qualified individual. Do not use this site for medical emergency services. For emergencies call 000 or your local emergency assistance number

1. LICENSE

1.1 By offering this site for use, Active Back Care provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. Active Back Care reserves the right to amend or terminate this license at any time and for any reason.

1.2 Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, Active Back Care does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.

1.3 The Active Back Care name and logo are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only. In connection with linking to articles on our blog, you are permitted to display the Persistent URL to an article from within your own website or blog, however you must keep intact all copyright notices for the work and give the original author or Active Back Care reasonable credit.

1.4 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such information. All copyright and other proprietary notices contained in downloadable materials must be retained.

2. LINKS TO OTHER WEBSITES

2.1 Links to other websites are provided for your convenience. Active Back Care does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. Active Back Care will not be liable for any damages or injury arising from your access to such sites or content.

3. LIMITATIONS ON USE OF SITE

3.1 You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of Active Back Care.

3.2 You agree that when responding to articles on our blog that you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You also agree that you will not post any information which is libelous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person. In addition you agree not to post any Spam, links to Spam, Phishing sites, or other harmful content.

 

3.3 Active Back Care reserves the right to delete any comments or entries at its sole discretion at any time and for any reason.

4. INTELLECTUAL PROPERTY AND COPYRIGHT

4.1 The technology and content provided on the Active Back Care Site including our blog unless specified otherwise is owned by or licensed to Active Back Care. Content includes but not limited to E-Books, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

4.2 Active Back Care and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, you acknowledge said content and technology is protected by Australian and international intellectual property laws.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

5.1 The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by Active Back Care and is not intended to be relied upon by users in making (or refraining from making) any specific health-related decisions. Appropriate independent medical advice should be obtained before making any such decision. Any arrangements made between you, Active Back Care and any third party named on this Site is at your sole risk and responsibility. Please refer to our Disclaimer for more information.

5.2 USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, ACTIVE BACK CARE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACTIVE BACK CARE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “ACTIVE BACK CARE”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ACTIVE BACK CARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ACTIVE BACK CARE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF ACTIVE BACK CARE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. TERMINATION

6.1 You acknowledge and agree that Active Back Care, at its sole discretion, may suspend access to this website or terminate this Agreement without notice.

7. INDEMNIFICATION

7.1 Client agrees to indemnify and hold harmless Active Back Care, its employees, directors, heirs and assigns  against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the, related to your violation of this Agreement or use of the Site.

8. SEVERABILITY

8.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.

9. JURISDICTION

9.1 This Contract shall be governed by the laws of the State of New South Wales, Australia. The parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.

10. ASSIGNMENT

10.2 You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

11. ENTIRE CONTRACT

21.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any products and supersedes all previous negotiations, commitments and agreements.

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