Disclaimer
This agreement (hereinafter, the “Agreement”) between Myomelt LLC (hereinafter, “Myomelt”, “us” or “we”) and you is part of the terms and conditions which govern your use of Myomelt.com and any other internet property owned or operated by Myomelt (collectively the “website”).
Please read this agreement carefully before accessing or using the website. MYOMELT provides written information and video demonstrations (collectively the “content”) on how to perform physical exercise. By accessing and using the content on the website or MYOMELT social media pages, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access the website or use its content and should immediately stop such use. MYOMELT may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the website. Your use of any of the content following such notice shall mean that you accept the changes. You agree to review the agreement periodically so that you are aware of any changes. Your continued access or use of the website and/or content shall be deemed your conclusive acceptance of the modified agreement.
Medical Advice Disclaimer
The content created or distributed by MYOMELT does not constitute medical advice.
The website offers health and fitness information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional health care advice, diagnosis, or treatment. Although we provide products and services with your well-being and safety in mind, it is critical that you consult your physician, follow all safety and other instructions, and get permission before accessing the website and content, particularly if you are prone to injuries, are pregnant or nursing, or have any other medical conditions. The website and content are provided for informational purposes only and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical diagnosis, advice, or treatment. 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 website. The use of any information provided on the website is solely at your own risk.
Nothing stated or posted on this website or available through MYOMELT social media pages is intended to be, and must not be taken to be, the practice of medical care, physical therapy, or counseling services. For purposes of this agreement, the practice of medicine, physical therapy, and counseling services includes, but is not limited to, psychiatry, psychology, psychotherapy, or providing professional health care treatment, instructions, diagnosis, prognosis or advice.
YOU ACKNOWLEDGE THAT THE WEBSITE, CONTENT, AND ANY ASSOCIATED MATERIALS ARE NOT PHYSICAL THERAPY AND SHOULD NOT BE USED OR CONSIDERED AS SUCH. BY USING THE WEBSITE, CONTENT, AND ANY ASSOCIATED MATERIALS YOU ALSO ACKNOWLEDGE THAT NO DOCTOR-PATIENT RELATIONSHIP HAS BEEN FORMED WITH MYOMELT.
This website is continually under development and MYOMELT makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in health care research may impact the health and fitness information that appears here. No assurance can be given that the information contained in this website will always include the most recent findings or developments with respect to the particular material.
Release of Liability
You expressly acknowledge and agree that your access, use and/or involvement with the website, content, and any other MYOMELT social media pages may involve potentially dangerous physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy.
Neither MYOMELT nor its members, officers, directors, employees, contractors, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory permitted by law arising out of or relating in any way to (i) the use of or inability to use the content; (ii) any content contained on the website; (iii) statements or conduct posted or made publicly available on the website; (iv) any product or content purchased or obtained through the website; (v) any action taken in response to or as a result of any information available on the website; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the website, or (vii) any other matter relating to the website and/or the content.
You hereby acknowledge and willingly accept the risks and agree to unconditionally release and hold harmless MYOMELT from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any website, content, materials, or services provided by MYOMELT.
In no event shall MYOMELT’s total liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the amount paid by you, if any, for using any of the content on the website.
Informed Consent and Assumption of Risk
Many people with chronic and acute spine-related and extremity disorders and joint stiffness, tightness, neck, shoulder, and leg complaints, and other musculoskeletal conditions or injuries have benefited from physical exercise. After consistent stretching and exercise, many people experience less pain, increased flexibility, and improvement in other symptoms, and are able to return to their normal physical activities at home and work. The goal of the website and content is to improve and normalize the quality of life and to promote you to adopt healthy lifestyle habits such as exercise and good nutrition, and assist you during the recovery process. Rejecting such care may lead to progression of pain and other symptoms that limit your ability to perform activities at home and work.
There are various types of professional health care options for those who have your type of condition(s), including; physical therapy, chiropractic, acupuncture, or seeking care from a medical doctor. While uncommon, some people may experience a short-term increase of pain and other symptoms or muscle and ligament strains or sprains as a result of physical exercise. There are some uncommon and rare potential serious risks to physical exercise, including, but not limited to, strains, sprains, fractures, disc injuries, dislocations, nerve injuries, and strokes.
It is impossible to give a 100% complete accurate diagnosis and prognosis without a thorough physical examination and likewise the advice given for management of an injury cannot be deemed fully accurate in the absence of this examination from a physical therapist or other healthcare professional.
Significant injury is possible if you do not follow due diligence and seek suitable professional advice about your injury. No guarantees of specific results are expressly made or implied.
You knowingly and voluntarily consent to and assume the risk of performing the exercises and lifestyle habits provided as content on the website and MYOMELT social media pages.
This consent includes all staff and contractors that are employed by or associated with MYOMELT, whether or not their names are listed on this agreement. You understand that the results from the website and content are not guaranteed for your condition. MYOMELT, through its website, has communicated the goals and potential benefits of using the content, the various professional health care treatments for your condition and the associated risks of using MYOMELT content. You have had the opportunity to read these terms and understand the above statements, accept the risks mentioned, and hereby consent and agree to MYOMELT’s content and services for your present condition and any future conditions.
If any provision of this Agreement is unenforceable, invalid, or violates applicable law, such provision shall be deemed stricken and shall not affect the enforceability of any other provisions of this Agreement.
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