Last modified: January 8th, 2013
This website (the "Website") is owned and operated by Performance Health Systems UK Ltd, a company registered in England and Wales under registration number 08102963 and at the address Unit 16, Silver Road, Shepherd’s Bush, London, W12 7SG, UK ("PHS UK", "we", "us" or "our", as appropriate) and provides access to websites for PHS UK’s worldwide network of licensed distributors. When you enter this Website, you can select your location and you will be forwarded to the website that is relevant to your location.
Please read these Conditions of Use carefully before accepting them. Then print these Conditions of Use and store them. We will not file our contract with you so please print it out for your records. These Conditions of Use are subject to change (as set out below). If these Conditions of Use are translated into another language the English language version will prevail in the event of any conflict between the translation and the English language version.
PHS UK reserves the right to change, suspend or discontinue, at any time, any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. PHS UK also reserves the right to change or modify the Conditions of Use applicable to your use of the Website, or any part thereof, or to impose new conditions, at any time either by emailing you notification of the new conditions and/or by publishing the modified Conditions of Use on the relevant pages of the Website. All such changes will take effect within thirty (30) days once they have been posted on the Website or emailed to you and you will be deemed to have accepted any such changes by your use of the Website following such time. Therefore, PHS UK encourages you to regularly review these Conditions of Use.
This Website is intended for and directed to adults. This Website is specifically not for use by any children under the age of 13. The content on the Website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. PHS UK is first and foremost concerned for your safety, and we urge you consult with a physician or health specialist before using PHS UK® products.
Your use of the Website and its contents grants no rights to you in relation to PHS UK's intellectual property rights including, without limitation, copyright, trademarks (both registered and unregistered), logos, graphics, photographs, animations, videos and text or to the intellectual property of third parties in the Website and its contents. You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website, or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one (1) copy of any information is made. Any use other than that permitted under these Conditions of Use may only be undertaken with PHS UK's prior express authorization.
You may be asked to register on the Website in order to purchase PHS UK® products, register your warranty and participate in other interactive services. The availability of these services varies by country, and, in the future, PHS UK may add other interactive services that may be accessed through the Website. Some products and services are only available to users based in some countries and not others.
You agree to register using the website for the country in which you reside. For example, if you reside in the United States, you will register on Power Plate Acquisitions, LLC United States website; if you reside in the United Kingdom, you will register on PHS UK’s United Kingdom website. When you register, you will select a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You agree to immediately notify PHS UK of any unauthorized use of your username and password.
When you register, and in order to access some features of the Website, you may be required to provide PHS UK with personal information, such as your name, email address, mailing address, phone number, credit card information and the like Any personal information provided by you or gathered by PHS UK or third parties during any visit to the Website shall be subject to the terms of PHS UK’s Privacy, which is incorporated herein by reference and which we encourage you to read now.
By registering on the Website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.
You agree that in using the Website you will not: (i) use the Website in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity; (ii) use the Website for any purpose other than your personal use; or (iii) penetrate or attempt to penetrate the Website security measures protecting the Website.
You agree that you will not use the Website for transmission of chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating but not limited to any employee or consultant of PHS UK. You further agree not to adopt an inappropriate user name of any kind.
You may not use the Website to post or transmit content or materials that expose PHS UK to any liability or adverse impact of any type as determined by PHS UK in its sole discretion. You may not use the Website to post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another's privacy. You may not use the Website to post, disseminate, or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and/or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality. If you have any comments or complaints regarding content or materials posted on the Website, please contact us at:
PHS UK reserves the right to suspend, restrict or terminate your access to the Website at any time without notice at its sole discretion, without limitation to any of PHS UK’s other rights.
PHS UK and/or PHS UK’s worldwide network of licensed distributors may make PHS UK products available for purchase through their websites. Additional terms and conditions may apply to the purchase of PHS UK products through such websites.
The Website may provide links to other websites and/or resources, including advertisers, over which PHS UK has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by PHS UK of content, items, or services on those third-party websites. You access and use such websites, including the content, items, or services on those sites, solely at your own risk. PHS UK makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that PHS UK has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such third party websites or resources.
You may not link to the Website without the prior written consent of PHS UK.
PHS UK does not endorse or guarantee any third party products or services advertised on the Website or any third party sponsoring parts of the Website. Your dealings with advertisers or other third parties found on or through the Website are solely the responsibility of yourself and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items, if any, and any terms, conditions, warranties, or representations associated with such dealings. You agree that PHS UK will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
ALL CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED BY PHS UK ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHS UK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE WEBSITE. PHS UK WILL PROVIDE THE WEBSITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE CONDITIONS OF USE. PHS UK DOES NOTE MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU SHOULD OBTAIN PROFESSIONAL ADVICE WHERE NECESSARY. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS PARAGRAPH, NOTHING IN THESE CONDITIONS OF USE SHALL RESTRICT YOUR RIGHTS UNDER APPLICABLE LAWS AND/OR YOUR STATUTORY RIGHTS (INCLUDING YOUR RIGHT TO RECEIVE A REASONABLE STANDARD OF SERVICE, IF APPLICABLE).
THE WEBSITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION, INCLUDING, BUT NOT LIMITED TO, MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL. ANY RELIANCE UPON THE WEBSITE AND ITS CONTENT SHALL BE AT YOUR OWN RISK.
PHS UK DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM PHS UK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE PHS UK USES ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO PHS UK'S ATTENTION, PHS UK DOES NOT WARRANT THAT THE INFORMATION ON THE WEBSITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.
PHS UK ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, PHS UK DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
PHS UK DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND PHS UK'S REASONABLE CONTROL.
NOTHING IN THESE CONDITIONS OF USE SHALL EXCLUDE OR LIMIT PHS UK'S LIABILITY FOR FRAUDULENT MISREPRESENTATION OR DEATH OR PERSONAL INJURY RESULTING FROM PHS UK'S NEGLIGENCE OR THE NEGLIGENCE OF PHS UK'S EMPLOYEES OR AGENTS.
IN NO EVENT SHALL PHS UK, ITS AFFILIATES, LICENSEES, PARENTS, OR SUBSIDIARIES BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY PHS UK ARISING OUT OF THESE CONDITIONS OF USE OR YOUR USE OF THE WEBSITE.
PHS UK SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY PHS UK.
PHS UK'S LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE CONDITIONS OF USE SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT, IF ANY, MADE BY YOU TO PHS UK OR PHS UK'S AFFILIATES VIA THE WEBSITE.
These Conditions of Use shall be governed by the laws of England, unless you are a Scottish resident, in which case you may choose the law of your residence. You agree to submit to the jurisdiction of the Courts of England and Wales, again unless you are a Scottish resident or a resident of Northern Ireland in which case you may choose the courts of your place of residence.
If you cause a technical disruption of the Website or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense PHS UK may suffer and you will be liable for any attorneys’ fees and costs; the same shall be without limitation of PHS UK's other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless PHS UK, its officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with any violation of these Conditions of Use.
Each provision of these Conditions of Use shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
PHS UK welcomes your questions or comments about these Website Conditions of Use. Please contact us at:
Performance Health Systems UK Ltd
Unit 16, Silver Road
Shepherd's Bush, London, W12 7SG, UK
T | +44 (0)20 7317 5000