Terms and Conditions
BY PLACING ORDERS THROUGH OR USING THE WEBSITE AT WWW.BACKPAINHELP.COM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing the Site or otherwise using the Products, You acknowledge that You have read and agree to be bound by this Agreement. If You do not agree with any of the terms of this Agreement, You do not have permission to access the Site or use the Products.
In addition, You may also be asked to enter into additional agreements before being permitted to access certain of the Products (“Additional Agreements”). The Additional Agreements are made a part of this Agreement and will govern Your use of the Products covered by the Additional Agreements. In the event of a conflict between the terms of this Agreement and Additional Agreements, the terms of the Additional Agreements shall govern.
Handsome reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through Your continued access to the Site and/or use of the Products.
1) Registration. In order to access any Products, You will be asked to submit certain information about Yourself ("Registration Information"). You represent and warrant that all Registration Information You have provided is true, correct, accurate, and complete as of the date of its submission via the Site.
2) Email Communication. You must provide Your electronic mail ("Email") address when registering to access any Product or Service. Your Email address may be used, when necessary, in order to communicate with You regarding the administration of the Site. Occasionally, You may receive newsletters and updates with information that we deem to be of interest to the members of backpainhelp.com. If You do not want to receive newsletters and updates, You may opt out of those Products (i) during the registration process, or (ii) by clicking on the "unsubscribe" link on newsletters and updates.
3) Placing Orders, Pricing, and Order Fulfillment.
Placing Orders & Contract Formation. When an order is placed, You are offering to buy the product(s) from www.backpainhelp.com, and You will be sent an order acknowledgement. However, Your offer shall only be accepted once the Product You have ordered is placed onto the delivery vehicle and only then shall a legally binding contract be formed between You and Handsome. Until then, Handsome can decline to supply the Product even if Handsome had noted on the Site that the Product was available. Handsome will use reasonable efforts to ensure that this does not happen; but Handsome does reserve the right not to fulfill Your order for any reason if, for example, Handsome has made an error on the price or similar or Handsome simply can't get hold of the product you need. In the event of these circumstances, Handsome may, at its sole discretion, provide You with a credit on your account or issue You a refund in the amount you paid for the Product.
Pricing. All Product prices Handsome displays on the Site are the retail price and do not include taxes and exclude delivery and other charges unless stated specifically on the Site. You can see further information on the Products’ delivery in the check-out pages.
Delivery. We deliver to most locations in the United States. We also deliver internationally to over 15 countries worldwide. We normally deliver through The Royal Mail, Parcelforce or U.S. Mail. Depending on your location, additional shipping and handling charges may apply. If we do not currently deliver to your destination of choice, email us at firstname.lastname@example.org and we can set up a delivery option for your destination.
There are various delivery options available, depending on your needs and how much you want to pay. These options are set out clearly on the checkout page before you place your order.
4) Use of the Site and the Products - Permissions and Restrictions. You may access and use the Site and the Products only for lawful purposes and solely in accordance with the terms of this Agreement. Handsome reserves the right to discontinue any aspect of the Site or Products at any time and without notice. All rights not expressly granted to You under this Agreement are reserved by Handsome and its licensors. You will not:
- license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Products; or
- modify or make derivative works based upon the Site or Products; or
- reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Products, or authorize any third party to do any of the foregoing; or
- access or make use of the Products and Site by scripts or automated Products; or
- impersonate any person or use a name that You are not authorized to use; or
- compromise violate or impair system or network security or operation.
5) Injunctive Relief. You specifically recognize that any breach of Section 4 will cause irreparable injury to Handsome, its parent corporation, licensors, affiliates, successors or assigns and that actual damages may be difficult to ascertain, and in any event, may be inadequate. Accordingly (and without limiting the availability of legal or equitable, including injunctive, remedies under any other provisions of this Agreement), You agree that in the event of any such breach, Handsome, its parent corporation, licensors, affiliates, successors or assigns shall be entitled to injunctive relief in addition to such other legal and equitable remedies that may be available.
6) Ownership of Intellectual Property. Handsome and/or its parent corporation, licensors, affiliates, successors or assigns own all rights, title and interest in and to the Site and Products, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto (“Intellectual Property”). "Intellectual Property Rights" means all worldwide patents, patent applications, copyrights, trade secrets, trademarks, common law trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights and licenses, together with all registrations and pending applications to register any such rights, including the names and logos that appear on the Site. No right or license is granted to You herein to use any Intellectual Property owned by Handsome, its parent corporation, licensors, affiliates, successors or assigns.
Certain items of independent, third-party code may be included in the Site that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede the terms and conditions of any applicable license for such Open Source Software.
7) Data Collection. Handsome and/or its parent corporation, licensors, affiliates, successors or assigns will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by You as well as any non-personally identifiable data or information resulting from Your use of the Products ("Results"). To the extent that any Results are collected by Handsome, such Results will be solely owned by Handsome, its parent corporation, licensors, affiliates, successors or assigns and may be used by Handsome, its parent corporation, licensors, affiliates, successors or assigns for any lawful business purpose without a duty of accounting to You, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
8) Representations and Warranties. You represent, warrant and covenant for the benefit of Handsome, its parent corporation, licensors, affiliates, successors or assigns that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other business entity, that you are duly authorized to bind the company or business entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable Additional Agreement; (3) all information You provide in connection with this Agreement and Your access to the Site and use of the Products is true, correct, accurate, and complete as of the date of its submission; and, (4) You are at least eighteen (18) years of age.
9) Indemnification. In addition to any injunctive relief, You agree to pay and indemnify, defend, and hold harmless Handsome, its parent corporation, shareholders, licensors, affiliates, successors, assigns, managers, employees, officers, directors, contractors, subcontractors, and agents ("Indemnified Parties"), from any and all actual damages, claims, demands, losses, actions or causes of action, regulatory or judicial proceedings or investigations, levies, fines, losses, penalties, liabilities, fees, expenses and costs (each a “Claim”, and collectively, “Claims”) including, without limitation, attorneys', accountants’, investigators’ and experts’ fees, costs, and expenses sustained or incurred in connection with the defense or investigation of any such Claim, and any settlement amounts, which result against any Indemnified Party arising from: (a) Your accessing the Site or use of the Products, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. Handsome will provide You with notice of any such claim or allegation, and Handsome will have the right to participate in the defense of any such claim at its expense.
10) 30 DAY MONEY BACK GUARANTEE. You acknowledge that You have inspected, examined and studied all Products furnished and that You have approved all of the same. Claims for adjustments on unsatisfactory Product due to the alleged fault of Handsome must be made to Handsome within thirty (30) days of receipt of Product and must be made in accordance with the “30 Day Money Back Guarantee.” All such claims for adjustments under the 30 Day Money Back Guarantee shall be made in writing and provide a detailed explanation as to the unsatisfactory condition of the Product and must be made to Handsome directly pursuant to the terms of the 30 Day Money Back Guarantee found at www.backpainhelp.com//30-day-money-back. The terms of the 30 Day Money Back Guarantee are subject and subordinate to the Disclaimers found in Section 11., DISCAIMER.
11) DISCLAIMER. NOTWITHSSTANDING THE 30 DAY MONEY BACK GUARANTEE, THE PARTIES ACKNOWLEDGE THAT THE PRODUCTS AND SITE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE PRODUCTS, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. HANDSOME DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE PRODUCTS OR SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THAT PRODUCTS OR SITE ARE COMPATIBLE WITH ANY COMBINATION OF NON-PROVIDER PRODUCTS USED IN CONNECTION WITH THE PRODUCTS; (C) THE PRODUCTS OR SITE WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (D) ANY RESULTS GENERATED BY USING THE PRODUCTS OR SITE WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. HANDSOME EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND/OR TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 (3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY HANDSOME WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE PRODUCTS.
12) No Medical Advice or Opinions Provided. The statements on the Site have not been evaluated by the U.S. Food and Drug Administration. The Products found within are not intended to diagnose, treat, cure or prevent diseases. Nothing on the Site is intended to diagnose, treat or cure any physical or medical conditions. If You have a physical or medical condition, or think You have a physical or medical condition, You should seek the advice of your medical professional immediately. Every effort has been made to accurately represent the Site and Product and their potential. Examples in the materials provided in the Site or relating to the Products are not to be interpreted as a promise or guarantee. Any claims made or results reported are not typical. Your Results may vary. Where specific examples are quoted from individuals, there is no assurance you will do as well. Handsome and/or its parent corporation, licensors, affiliates, successors or assigns makes no claim that You will receive any health benefits whatsoever. The Site and Products are being provided to You for educational purposes only and are not intended to replace or substitute the medical advice, opinion, or care recommended by your physician, doctors, medical providers or treaters. You must rely upon and are encouraged to follow the advice, opinion and care recommendations of your physicians, doctors, medical providers and treaters, including as to your use or non-use of the Site or Products. The Site and Products shall never the basis for You to refuse, delay, disregard or discontinue Your receipt of medical care or treatment recommended by your medical professional. Because our website includes interactive features that allow You to communicate with us, You acknowledge, represent and agree that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading; therefore, the Site and Products do not constitute specific advice and accordingly should not be relied upon without further independent confirmation by Your physicians, doctors, medical providers and treaters.
15) Linked Sites. The Site may contain links to third party sites that are not under the control of Handsome, its parent corporation, licensors, affiliates, successors or assigns, and Handsome, its parent corporation, licensors, affiliates, successors or assigns are not responsible for any content on any linked site. If You access a third party site from the Site, then You do so at Your own risk. Such links, if any, are provided only as a convenience and the inclusion of the link does not imply that Handsome, its parent corporation, licensors, affiliates, successors or assigns endorses or accepts any responsibility for the content on those third party sites. Handsome welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Handsome Handsome, its parent corporation, licensors, affiliates, successors or assigns. You may not use on Your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
16) Notices. All notices by You under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Handsome Healthcare Corporation, C/O BKD LLP, 1901 S. Meyers Road, Suite 500 Oakbrook Terrace, Illinois 60181. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Handsome may deliver a notice to You by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site or sending notice to the Email address you provided to Handsome.
17) Term, Termination.
This Agreement shall be effective for as long as You use or access the Site or Products. Sections 3 to 17 (inclusive) shall survive termination or expiration of this Agreement indefinitely.
Handsome may terminate Your account without cause, at any time and without notice to You.
The termination of Your account shall terminate Your access to any Products for which registration is required. Neither Handsome nor its Indemnified Parties identified above shall be liable to You or to any third party for termination of Your account for any reason. If Your account is terminated for the reasons set forth in this Section, You SHALL NOT receive any refund of any fee paid for Your account, if any.
18) Contacting Us. You may call us at 1-855-222-5005.
19) General Provisions. This Agreement is the complete and exclusive statement of the Agreement between Handsome and You regarding the Products and Site and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Handsome and You. This Agreement will be governed by the laws of the State of Illinois without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state circuit court of DuPage County, Illinois. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of Handsome. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.