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Consumer Disclosure, Acknowledgment, and Release of Liability

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1. Introduction and Binding Agreement

 

This Consumer Disclosure, Acknowledgment, and Release of Liability ("Agreement") constitutes a legally binding contract between you ("User," "you," "your") and Ringer Physical Therapy Inc., a California corporation, doing business as The Estrogen Project ("Company," "we," "us," "our").

 

By checking the box indicating "I have read and agree to the terms," you acknowledge that you have read, understood, and voluntarily agree to be bound by all terms and conditions of this Agreement. If you do not agree with any part of this Agreement, you must not purchase or access our services, content, or programs ("Services"). This action creates a binding electronic signature. Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference.

 

2. Disclaimer: Not Medical or Physical Therapy Advice

 

The content and Services provided by the Company, including but not to all digital materials, PDF downloads, videos, group Zoom calls, and any other information provided through The Estrogen Project, are for non-clinical, educational and general informational purposes only.

 

You explicitly acknowledge and agree that the Company is not providing medical advice, physical therapy services, psychological counseling, or any form of professional healthcare. No information provided through our Services is intended to be a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard through our Services.

 

No therapist-patient relationship is created by your participation in any of the Company's Services. While Tiana MacKenzie is a licensed physical therapist in California, she is acting solely as an educator in her capacity with the Company, and all Services are delivered by the Company. Your purchase or use of the Services does not establish a professional-client or therapist-patient relationship between you and the Company or any of its personnel.

 

3. User's Responsibilities and Assumption of Risk

 

You represent and warrant that you are in sufficient physical and mental health to participate in and utilize our Services. You have a responsibility to consult with your physician or other licensed healthcare provider prior to beginning any new nutrition, fitness, or wellness program, including those offered by the Company. If you choose not to obtain such consultation, you acknowledge that you are doing so at your own risk and assume all responsibility for such a decision. You must not implement any suggested nutrition and lifestyle strategies without first consulting your physician to ensure such strategies are appropriate for you and your personal medical history.

 

You knowingly, voluntarily, and expressly assume all risks, known and unknown, associated with your use of the Services. This includes but is not to risks of personal injury, illness, property damage, or other losses. You acknowledge that any form of physical activity or dietary change carries inherent risks and that you are solely responsible for any consequences that may arise from your participation.

 

3.A. Specific User Acknowledgments

By accepting this Agreement, you explicitly acknowledge, understand, and agree that:

(a) The Services consist of general wellness education and are not a substitute for medical advice, diagnosis, or treatment.

(b) No therapist-patient or fiduciary relationship is formed between you and the Company or its personnel.

(c) You are solely responsible for all decisions and actions you take regarding your health, diet, and physical activity.

(d) The Company has made no representations, guarantees, or warranties concerning any particular result or outcome from your use of the Services.

 

4. Release of Liability and Indemnification

 

To the fullest extent permitted by law, you hereby release and forever discharge Ringer Physical Therapy Inc., its officers, directors, employees, agents, and Tiana MacKenzie representatives from any and all claims, demands, damages, actions, or causes of action, whether at law or in equity, arising out of or related to your use of the Services. This release applies to any and all liability, whether caused by the alleged ordinary negligence of the Company or otherwise, but does not extend to claims for gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be excluded by agreement. You further agree to indemnify, defend, and hold harmless the Company from and against any and all claims, losses, expenses, or liabilities, including reasonable attorneys' fees, arising out of your violation of this Agreement or your negligent or wrongful use of the Services.

 

5. No Guarantees or Warranties

 

The Company makes no guarantees, representations, or warranties regarding any specific outcomes or results from the use of the Services. All content is provided "as is" without warranty of any kind. Your success depends on your own effort, motivation, and commitment. The Company disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

 

6. Intellectual Property Rights

 

All content provided as part of the Services, including text, graphics, logos, videos, and PDF downloads, is the exclusive property of the Company and is protected by copyright and other intellectual property laws. You are granted a limited, non-transferable license to access and use the content for your personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

 

7. Governing Law and Dispute Resolution

 

This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, provisions of this Agreement will not supersede any non-waivable rights you may have under the consumer protection laws of your jurisdiction of habitual residence. Any dispute, claim, or controversy arising out of or relating to this Agreement shall, to the extent permitted by law, be determined by binding arbitration in Orange County, California. The arbitration shall be administered by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court having jurisdiction. If you are a consumer for whom this arbitration clause is unenforceable under local law, any legal suit, action, or proceeding arising out of this Agreement shall be instituted in the federal or state courts located in Orange County, California, unless applicable law in your jurisdiction grants you a non-waivable right to bring proceedings in your local courts.

 

8. Jurisdictional Considerations

 

The Services are controlled and offered by the Company from its facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. You acknowledge that your personal data may be transferred to and processed in the United States, as further described in our Privacy Policy. Certain provisions of this Agreement may be deemed unenforceable or modified by the mandatory consumer protection laws of your jurisdiction.

 

9. Acknowledgment of Understanding

 

By accepting these terms, you affirm that you are at least 18 years of age or the age of legal majority in your jurisdiction, and are fully able and competent to enter into this Agreement and that you have read, fully understand, and voluntarily agree to its terms. You acknowledge that you are giving up substantial legal rights, including, where permitted, the right to sue.

 

10. Severability

 

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

 

11. Entire Agreement

 

This Agreement, together with our Privacy Policy, constitutes the sole and entire agreement between you and the Company regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

 

12. Force Majeure

 

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, riot, embargoes, or internet service provider failures.

 

13. Assignment

 

You may not assign this Agreement without our prior written consent. The Company may assign its rights and obligations under this Agreement in its sole discretion.

 

14. No Waiver

 

The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

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