TERMS OF USE

Welcome to the “Footwork” website (the “Website“) by the ©Grinberg Method®.

Access to this Website

By accessing or using this Website (including all content available through the Website, e.g. instructional videos, texts, images, etc.), you acknowledge that you understand and assent to: (1) this Terms of Use Agreement; and (2) the “Footwork” Website Privacy Policy. If you do not agree to either of these items, you may not access or use the Website.

This Website is intended for adults of at least 18 years of age. By accessing this Website you affirm that, according to the governing law of your country, you are fully able and competent to enter into this Terms of Use Agreement and to practice the techniques demonstrated in this Website, and that you will not permit access to this Website to any person who does not comply with all those qualifications.

This Terms of Use Agreement shall apply to all users of the Website, whether registered users or not and whether such users upload content to our servers or not.

Healthcare Disclaimer

The information and services contained in this Website are provided for educational or informational purposes only, to instruct users on the “Footwork” technique.

Nothing in the content, products or services contained in this Website should be construed or used as a substitute for medical advice, diagnosis or treatment. “Footwork” is in no way intended to diagnose or treat any medical condition or to substitute medical counseling and is presented as a complementary teaching technique only. You should not use the information available on or through this Website for diagnosing or treating a health problem or disease, or prescribing any medication.

We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

Our Site

The content provided on this Website in relation to the instruction of “Footwork” is intended for the private use of professionals trained in the field of wellness and health, who wish to acquire the techniques presented in this Website, as a complementary technique to their profession.

Our service is an educational Website that provides the following main features:

-            Content, online instruction and general information in relation to “Footwork”;

-            Access to online video content and related materials (“Materials”) such as complementary written instructions;

-            You may purchase gift cards redeemable for our services through the Website. Any gift cards may not be used in conjunction with or in addition to any special offer unless the terms of the special offer expressly indicate otherwise;

-            Community area and forum with content uploaded by registered users, comments, Q&A area;

-            Publications regarding other services or products, by the Grinberg Method or third parties.

Payment Method

Any transaction for any and all products or services offered through the Website requires a valid credit/debit card or a PayPal account owned by the registered user. By acquiring any product or service offered through the Website, you authorize us to charge your credit/debit card or PayPal account you provided for your order. We reserve the right to pursue any/all collection efforts allowed pursuant any law.

Responsibility for charges and fees

You are solely responsible for all charges and applicable fees (taxes and any fees assessed by your bank) related to your purchase.

Specific conditions apply to each transaction as indicated in the process of acquiring the services offered through the Website. The owner of this Website is not responsible for users’ non-compliance with the specific terms and conditions of each transaction.

Satisfaction Guarantee

If you are not happy with the service or product which you purchased in this Website, please contact us directly by e-mail: info@FootworkOnline.com, 30 days as of the relevant purchase date.

Such notice in respect of a product or service purchased requires the buyer’s name, means of identification and the details of the transaction (date of execution of the transaction, the product or service purchased, the transaction price and a receipt for payment) and the reasons for your dissatisfaction. We will do our best to accommodate your needs to your full satisfaction.

Transaction cancellation fees

Cancellation fee of 5% of the transaction will apply on any cancellation of a transaction for any reason whatsoever.

Registered Users

As a registered user you may be able to upload content as well as other kinds of information to the Website. You shall bear the sole responsibility for your uploaded content and the consequences of posting or publishing it.

You hereby affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual or other proprietary rights in any content that you upload without limitation. We will have no liability related to the content of any such user uploaded content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

All content that you submit may be used at our discretion. We reserve the right to refuse, moderate, edit or remove any user uploaded content on the Website for any reason. In particular, we will have the right to remove any content which we deem to violate these Terms of Use, the Privacy Policy or is otherwise objectionable content. None of the user uploaded content shall subject us or any third party to any obligation of confidence.

To avoid doubt, other than the worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use such content within the framework of the Website (including the right to display, perform, distribute, prepare derivative works, etc.), we do not acquire any right in any content that you uploaded and you reserve all rights and title with respect thereto. You also hereby grant each user of the Website a non-exclusive license to access the content within the framework of the Website.

We reserve the right to terminate, without prior notice and in our sole discretion, the registration of any user who:

-            violates this Terms of Use Agreement;

-            infringes intellectual property rights or any other proprietary or privacy rights of the owners of this Website or any third party;

-            harasses, offends or otherwise performs any wrongdoing towards other users, us or any third party;

-            makes use of this Website as a means to distribute advertising or other unsolicited material to any third party;

-            attempts to disable, “hack” or otherwise interfere with the proper functioning of this Website.

You are solely responsible for your interactions with other registered users in the Website. We reserve the right, but do not undertake any obligation, to become involved in any way with disputes between you and other users.

Trademarks

All trade-names, whether or not appearing in large print, with or without the trademark symbol, are our trademarks/service-marks, our licensors and/or joint venture partners, unless otherwise noted. The use or misuse of these trade-names or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright, trademark or other laws for the protection of intellectual property.

Copyrights

The content of this Website, including the Materials, is or may be subject to copyright protection. The content of this Website is intended for non-commercial individual reference, and may not be copied, reproduced or otherwise redistributed, except as specifically permitted in the Website.

Except as expressly provided, you may not copy, download, modify, exhibit, reproduce, duplicate, broadcast, record, proxy-cash, republish or retransmit any information or content contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work, mask-work or otherwise, based on such images, text or documents, without express written consent. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any title, license or right under any intellectual property right, whether or not registered or registrable.

You may not upload, embed, post, email, transmit or otherwise make available to the public any material that infringes any copyright, patent, trademark, trade secret or other intellectual property, industrial property or other proprietary rights of any person or entity.

If you believe your work has been copied and posted on or through the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:

(a)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b)   Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our servers;

(c)   Information reasonably sufficient to permit us to contact you;

(d)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e)   A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(f)   Your signature (physical or electronic).

Our Copyright Agent for notification of claimed infringement can be reached as follows: copyright@FootworkOnline.com

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT IN THE WEBSITE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. NEITHER WE, OUR AFFILIATES, DIRECTORS, OFFICERS, CONSULTANTS NOR ANY OTHER THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION OR CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES RESULTING FROM ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT, ANY UNAUTHORIZED ACCESS TO, OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE. ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK. WE RESERVE THE RIGHT AT ANY TIME TO ALTER OR MODIFY THE CONTENT OF THIS SITE OR THE TERMS OF USE AND THE PRIVACY POLICY, IN ANY MATTER AND FOR ANY REASON, WITHOUT PRIOR NOTIFICATION AND YOU SHOULD REVIEW THESE ITEMS ON A PERIODICAL BASIS. NOTHING IN THIS TERMS OF USE AGREEMENT SHALL BE DEEMED TO GRANT ANY THIRD-PARTY RIGHTS OR BENEFITS. THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

We have not performed compliance verification with local law in all jurisdictions and you are solely responsible for the conformity of the information and content included in the Website with the local law in your jurisdiction.

Indemnification

You agree to indemnify, defend and hold us harmless, including our officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including attorney fees, resulting from any violation by you of this Terms of Use Agreement.This indemnification includes without limitation any claim, loss, demand or suit resulting from the infringement or violation of third party rights (including without limitation any copyright, proprietary, or privacy right) and from user abuses such as uploading viruses, worms, Trojan horses or other means of technological misconduct. Your indemnification obligation will survive this Terms of Use Agreement and your use of the Website.

Linking to this Website

Running or displaying this Website or any information or material displayed on this Website, in frames or through similar means on another website without securing our prior written consent, is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations in the jurisdiction of your country.

Third Parties’ Web Sites and Links

The Website may contain links or references to other websites owned or operated by third parties over whom we have no control. Such links are provided merely for convenience. Similarly, this Website may be accessed from third party links over which we have no control.

We make no warranties or representation of any kind as to the accuracy or completeness of any information contained in such third party websites and shall have no liability for damages or injuries incurred or arising from such content or information. Inclusion of any third party link does not imply endorsement or recommendation by us. You expressly relieve us from any and all liability arising from your use of any third-party website and such website is governed by other terms and policies different than the terms and policies of this Website. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Governing Law and Jurisdiction

Your use of the Website shall be governed by Dutch law without reference to its conflicts of laws principles. Any legal action or proceeding related to this Website shall be brought to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands. Above anything else, we reserve the right to any remedy available at law or equity in the event of a breach of the Terms of Use.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of the use of this Website or this Terms and Conditions Agreement, and you do not have any authority of any kind to bind us, our officers, affiliates, subsidiaries nor anyone of their behalf, in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Terms of Use Agreement is held to be unlawful, void or unenforceable, then such provision shall be interpreted as to comply with the most current law to the fullest extent permitted by such law and severable without affecting the enforceability of all remaining provisions.

This Terms of Use Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification.

We may modify or change these Terms of Use and other policies from time to time, and by accessing the Website you agree to be bound by such modifications or changes, as published by us. You agree to review this Terms of Use Agreement periodically to be aware of such modifications. Please note that any changes to the terms of use with respect to transactions conducted through the Website will not apply retroactively.

 

© 2014 Grinberg Method International B.V.

 

Address: Prins Hendriklaan 19, 1075 AZ Amsterdam, Netherlands, Email: info@FootworkOnline.com.