Last Updated: May 10, 2023
1. Overview and Scope
We are RK Exercises for Injuries Corp, a Canadian-based health and fitness company (“EFI,” “we,” “us,” or “our”). We offer various kinds of health and fitness products and services (our “Services”) through https://exercisesforinjuries.com/ and any other channels and landing pages under our control (collectively, our “Websites”).
These Terms of Service (“Terms”) govern your use and purchase of products and services (our “Services”) on our Websites and are a legally binding agreement between you and us. By accessing and using our Services from any of our Websites, you agree to these Terms.
Please review these Terms carefully and agree to them. If you do not agree with these Terms in their entirety, we do not authorize you to use our Services in any manner or form whatsoever.
2. Affiliate Disclosure
The products available on our Websites may be from affiliates, of which a small commission from sales of certain items is received. The commission received will never influence the reviews, content, topics, or posts made on our Websites.
The views and opinions expressed on our Websites are purely ours, the owners and creators of EFI. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer or provider.
Unless otherwise noted, all reviews on products, services, and various other topics are made without compensation. If a compensation or conversion rate is involved, it does not influence our review, including rating or ranking, of the product or service.
3. HIPAA Notice
EFI is not a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to us considered Protected Health Information (PHI) under HIPAA. As such, the additional privacy and security protections afforded to consumers/patients under HIPAA are not contemplated by, nor contained within these Terms.
4. Medical Disclaimer
THE INFORMATION PRESENTED ON OUR WEBSITES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS IN NO WAY INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE EXERCISES MAY CONTAIN ONLY A PORTION OF INFORMATION RELEVANT TO YOUR CIRCUMSTANCES AND ARE SIMPLY EXAMPLES OF EXERCISES USED AS A PART OF A CUSTOM AND A COMPREHENSIVE HOME EXERCISE PROGRAM DESIGNED BY A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. THIS INFORMATION AND THE PRODUCTS PROVIDED SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. CONSULT YOUR PHYSICIAN BEFORE TAKING ANY SUPPLEMENTS OFFERED ON OR THROUGH OUR WEBSITES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH OR MEDICAL CONDITION. YOUR USE OF ANY TREATMENT OR ADVICE FOUND ON OUR WEBSITES IS SOLELY AT YOUR OWN RISK.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR OR CALL 911 (OR ANY APPLICABLE MEDICAL EMERGENCY NUMBER IN YOUR LOCATION) IMMEDIATELY.
5. Applicable Users
Our Websites, as well as the products sold through them and other Services that may be available through them, are targeted only to individuals who are at least eighteen (18) years of age or have attained the age of majority in the jurisdiction where they access our Websites from – who can enter into legally binding contracts and whose use does not go against any applicable law. You certify that you are eighteen (18) years of age, or you have attained the age of majority and agree to provide true, accurate, current, and complete information when prompted for such information. We reserve the right, in our sole discretion, to deny any order from anyone at any time and for any reason whatsoever.
6. Product Terms of Sale
This section applies if you order a product from our Websites. It contains the terms of our sale of such a product. By placing an order on our Websites, you confirm that you have reviewed this section and agree to the terms of sale.
6.1 Pricing: In consideration for the products you order from our Websites, you agree to pay us the sums listed in the payment box at the time such sums are due and owing. Unless otherwise stated, our prices are listed in United States Dollars (USD).
6.2 Errors and Inaccuracies: We endeavor to list products with accurate information at all times. If a product contains any errors or inaccuracies, we reserve the right to correct it without liability to you.
6.3 Payment: Payment for orders is due before shipment or delivery. The total amount you are to pay will be calculated and displayed on the checkout page. Payment may be made by any applicable credit/debit cards supported on the billing page. Payments are securely processed by our trusted third-party payment processors in accordance with adequate privacy practices. By submitting your payment method, you warrant that it is accurate and contains enough funds to cover your order and applicable fees. And you authorize our processors to charge the applicable fees.
6.4 Shipping Policy: We deliver our products to the address you specify for either digital or physical products. We will not be liable for losses that occur due to your provision of an inaccurate or incomplete shipping address. The shipping duration, fees, and other information regarding shipping will be displayed to you on checkout if it applies.
6.5 Title and risk of loss: Upon confirming that a physical product is delivered to you without defect, the title and risk of loss automatically pass to you.
6.6 Return and Refund Policy: We guarantee one hundred percent (100%) satisfaction, or you can get your money back. If you are unsatisfied with our product, you can request a no-questions-asked refund of the full purchase price of your order within sixty (60) days from the order date.
To request a refund, you must follow the following procedures:
- Please contact our Customer Service Team before you return any product. You can send an email to [email protected], call 1-888-291-2430 (toll-free in the USA and Canada), or send an SMS to 1-888-229-4992.
- For physical products:
- On the outside part of the return packaging, place your EFI order number and complete name of the purchased product (“Return Information”). No refunds will be issued for any packages returned with incomplete Return Information.
- Our Customer Service Team will provide you with our return address. Please send us an email to [email protected] and describe the issue in detail, including the return reason, along with your name and email address used in placing your order, your order number, and the name of the purchased product.
- You must send all returned products through a shipping method that uses delivery or signature confirmation.
- The returned products must be delivered to and received by us within fifteen (15) business days from the date you requested the refund.
- You are responsible for the costs of returning any physical product.
- Generally, the refund will be issued within 7 to 14 business days after our Returns Department receives the request, or the returned package for physical products.
- The refund will be issued only to the same credit card or payment method that was used to order the product.
- Only the cost of the product can be refunded. Shipping and handling fees are not refundable.
7. Product Information Disclaimer
The product information provided on our Websites is intended only for residents in the United States and Canada. Our Websites and their links may, however, contain information about products that may or may not be available in any particular country, territory, or region of the world (including the United States and Canada), and may be available under different trademarks in different countries. The products advertised on our Websites have not been approved or cleared by a government regulatory body. You should not construe anything on our Websites as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States and Canada.
8. Account Creation
If you are prompted to create an account to purchase a product, you agree to submit accurate and complete information to enable us to perform our Services. By creating an account and submitting personal information, you warrant that the information is accurate and complete and that you will immediately notify us if any information needs updating. We reserve the right to terminate your account and block you from using our Services if your use violates these Terms.
9. General Prohibitions
You agree not to do any of the following when you use any of our Websites:
- Access, tamper with, or use any non-public areas of our Websites, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search our Websites or content with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by us or other generally available third-party web browsers;
- Forge any TCP/IP packet header or any part of the header information in any electronic communication or posting, or in any way use our Websites or content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Websites or content;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including without limitation sending a virus, overloading, flooding, spamming, or mail-bombing our Websites;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Use our Websites or content in any way that violates any applicable law, statute, ordinance, or regulation (including but not limited to those pertaining to consumer protection, unfair competition, anti-discrimination, false advertising, or export control).
10. Electronic Communications
By using our Websites and Services, you expressly consent to be contacted by us for any and all purposes arising out of or relating to our Services at any email address, mobile phone number, or other forms of communication you may provide.
You agree that we may contact you in any way including but not limited to emails, SMS messages, and pre-recorded voicemails. You may receive up to five (5) messages per week. For text messages, please note that standard messaging and data rates may apply.
In addition, if you opt-in to receive promotional emails during the ordering process, you may receive up to five emails per day. However, you can unsubscribe from these emails and SMS at any time by following the instructions in the email or SMS. We will only use your email address for the purpose of sending you these promotional emails and will not sell or share your email address with third parties without your consent.
You warrant that you are the owner or authorized user of the mobile phone number provided by you. You agree that you will notify us immediately if you are no longer the owner or authorized user of the mobile number.
Your agreement with this section is not a condition of doing business with EFI.
We will NOT use your personal information for notifications other than to send marketing and promotional content and we will NOT provide your information to any outside sources for solicitation or marketing purposes.
11. Copyright and Trademarks
All the Content on our Websites are protected by copyright under both Canadian and foreign laws. The title to the Content remains with us or our licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at our editorial discretion. All rights not expressly granted herein are reserved to us and our licensors.
“Content” herein refers to all texts, images, communications, recordings (including video and audio), illustrations, drawings, demonstrations, and other related literary expressions/materials on our Websites. Furthermore, the purchase of our products is exclusively for the primary purchaser only. If the license for content is required for a family or group, a request for the same should be made to us.
12. Use of Content; Limited License
Subject to your compliance with these Terms, we authorize you to view or download a single copy of the Content on our Websites solely for your personal, non-commercial use if you include the following copyright notice: “© All Rights Reserved. Exercises For Injuries” and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on our Websites may be included elsewhere within our Websites and are incorporated into these Terms by reference.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
13. Testimonials, Feedback, and Reviews
You may provide us with testimonials, feedback, reviews, ideas, or suggestions about our Services. You hereby agree that if you provide us with any of these contents about any portion of our Services, including our products, we will have no obligation to compensate you for implementing them, and we may post them on our Websites, including for marketing purposes.
14. Third-Party Websites
14.1 Inbound Links: You may not, under any circumstances, establish a link to our Websites, including but not limited to deep linking, without our express written consent.
15. Maintenance and Updates
From time to time and without notice, we may update our Websites for many reasons, including but not limited to, (a) to maintain compliance; (b) to fix bugs or problems in previous and present versions; and/or (c) to enhance functionality or features.
We make no warranty that such updates will not affect your use of our Websites or introduce new but unknown bugs into them. Furthermore, we shall not be responsible for the effect an update has on any code not provided by us and any modifications to such code to restore functionality shall be your sole responsibility and cost.
You agree to indemnify and hold EFI, including its subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of our Websites; (b) your breach of these Terms; and/or (c) your violation of any rights of another individual and/or entity.
17. Disclaimer of Warranties
To the maximum extent permissible by applicable law, we disclaim all warranties and representations about our Websites and Services – whether express or implied, including the implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement.
Specifically, EFI makes no representations or warranties about the following:
- The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of our Websites.
- The availability of our Websites and Services or the accuracy, security, or interruption of our Websites and all its systems and networks.
- The suitability and satisfaction you derive from consuming our Services.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on our Websites.
18. Liability Limitation
To the maximum extent permissible by applicable law, in no event shall EFI, its licensors, suppliers, or any third parties mentioned on our Websites be liable to you or any third party for any incidental and consequential damages (including personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use or inability to use ours Websites or Services – whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
We are not liable for any damages or losses caused by your use or misuse of our Websites or Services. Any claims arising in connection with your use of our Websites or Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
In the event that we are found liable for any damage or losses, our total liability shall not exceed the amount you paid to us for our Services.
19. International Users
EFI makes no representation that the information and products on our Websites are appropriate or available for use in locations outside of the United States and Canada, and access to our Websites from territories where the Content of our Websites may be illegal or inappropriate is prohibited. Those who choose to access our Websites and use our Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
We may change these Terms, in whole or in part, at any time without specific notice to you. The latest Terms will be posted on our Websites upon making any changes. Your continued use of our Websites following the posted notice, constitutes your acceptance of all of the Terms in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offers, or products made available to you on our Websites that augment or otherwise enhance the current features of our Websites shall be subject to these Terms posted at the time of your purchase. We are not responsible or liable in any manner whatsoever for your inability to use our Websites and/or obtain our Services.
You acknowledge and agree that we, in our sole and absolute discretion, may, without notice to you, suspend or terminate your use of or access to our Websites, for any reason, including where we believe that you have violated any of these Terms. You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Websites or any portion of these Terms or practices in operating our Websites and Services, your sole and exclusive remedy is to discontinue using our Websites and Services.
22. Export Laws and Sanctions
EFI complies with all applicable trade laws and regulations. We do not allow the sale or export of our products to individuals or entities that are prohibited by law or sanctions, including but not limited to those listed by the United States Office and Canada. By using our Websites, you agree to comply with all applicable trade laws and regulations, including but not limited to those related to sanctions and export controls.
You are responsible for ensuring that you are not located in a sanctioned country or are a person or entity on a prohibited list. You are also responsible for complying with all applicable laws and regulations related to the export of products purchased on our Websites. We reserve the right to cancel any order that we reasonably believe violates applicable trade laws or regulations.
23. Dispute Resolution
23.1 Governing Law and Jurisdiction
These Terms shall be interpreted, construed, and governed by the laws in force in the Province of British Columbia, Canada, without reference to its conflict of laws principles.
Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
23.2 Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim, or dispute arising out of or relating to these Terms or your use of our Websites and Services, including without limitation, the performance, breach, enforcement, existence, or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Dispute”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Kelowna, British Columbia in English and governed by British Columbia law pursuant to the Arbitration Act, 1991 (British Columbia), as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any Dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Dispute and, where applicable, you also agree to opt out of any class proceedings against us.
Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
23.3 Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL DISPUTES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE BREACH THEREOF, AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
24. General Provisions
24.1 Entire Agreement: These Terms constitute the entire and only agreements between you and us, and supersede all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to your use of our Websites and Services.
24.2 Severability: Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
24.3 Headings: The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
24.4 Assignment: You may not assign the Terms without our prior written consent, which we may refuse at our sole discretion. We may assign these Terms at any time. These Terms are personal between you and us. There are no third-party beneficiaries of these Terms.
24.5 Force Majeure: We will have no liability to you or any third party for our failure to perform our obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion, or other events of force majeure.
24.6 Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
24.7 Relationship: No agency or partnership relationship is created through the operation of these Terms.
24.8 Survival: The Dispute Resolution, Copyright and Trademarks, Liability Limitation, Indemnification, and other provisions and paragraphs that by their nature are expected to survive the termination of these Terms, shall survive any termination or expiration of these Terms.
25. Other Agreements
Your use of our Services is also conditioned upon your reviewing and agreeing to other agreements and policies contained on any of our Websites you access. Depending on the Website or Service you access or use, you must agree to our Terms of Service, Refunds, and Cancelation policies and agreements.
26. Contact Us
If you have any questions about these Terms or about any of our practices, please feel free to contact us at [email protected], or call 1-888-291-2430 (toll-free in the USA and Canada), or send an SMS to 1-888-229-4992.