DESCRIPTION of MEMBERSHIPS, SERVICES AND PRODUCTS
3 Block Therapy, through the Site, enables its customers including you (the “Customers”) to view and purchase memberships, services, programs and products from Block Therapy. Such memberships (hereinafter referred to as the “Memberships”) include but are not limited to any one or more of the following which will be modified, supplemented and changed from time to time: Block Therapy Monthly Membership; Block Therapy Membership - 3 Month Subscription; Block Therapy Membership - 6 Month Subscription; and Block Therapy Membership - Yearly Subscription. Such services (hereinafter referred to as the “Services”) include but are not limited to: any one or more personal assessment(s), including but not limited to: Personalized Assessment With Deanna. Such products (hereinafter referred to as the “Products”) include but are not limited to: any one or more of the Block Buddy, Block Baby, clothing, blankets, therapy mats, Buddy Bands; any one or more of the Starter Packages (hereinafter referred to as the “Starter Packages”), including but not limited to: Block Therapy Starter Package with Block Baby; Block Therapy Starter Package with Block Buddy; Block Therapy Starter Package with Block Buddy & Block Baby; and any one or more of the Virtual Intensive(s) (hereinafter referred to as the “Virtual Intensives”), including but not limited to: Core Climbing with the Cue - 3 Part Series; Improve Strength and Alignment for the Shoulder and Arms; Improving Strength and Flexibility for the Pelvis; Block Therapy & Fluid Isometrics for the Shins & Calves; Strengthening Core Rotation with Block Therapy and Isometrics; Fluid Isometrics and Block Therapy for Nose Breathing; Fluid Isometrics & Block Therapy for the Mouth - 3 hour Virtual Intensive; Double Blocking for the Pelvis & Legs - 2 Hour Virtual Intensive; Double Blocking for the Core & Back - 2 Hour Virtual Intensive; Release Your Hips - 2 Hour Virtual Intensive; Block Therapy & Fluid Isometrics For Headaches and Migraines - 2 Hour Virtual Intensive; Block Therapy & Fluid Isometrics For the Pelvic Floor - 2 Hour Virtual Intensive; Block Therapy & Fluid Isometrics For Your Hands - 2 Hour Virtual Intensive; Block Therapy & Fluid Isometrics For Your Jaw - 2 Hour Virtual Intensive; Eye Health - 2 Hour Virtual Intensive; Block for Bunions - Two-Part Two Hour Virtual Intensive Series; Open Your Shoulders and Lift Your Face - 3 Hour Virtual Intensive; Lengthen Your Core & Strengthen Your Root - 3 Hour Virtual Intensive; Solution for Cellulite, Varicose Veins and Low Back Pain - 3 Hour Virtual Intensive; and Lymphatic Detox with Block Therapy - 3 Hour Virtual Intensive; and any one or more of the Block Therapy University courses (hereinafter referred to as the “University”) including but not limited to: Block Therapy Instructor (whether “Full Pay; “3 Pay”; “6 Pay” or “12 Pay”); Block Therapy Instructor with Bodyworker (whether “Full Pay; “3 Pay”; “6 Pay” or “12 Pay”); Block Therapist (whether “Full Pay; “3 Pay”; “6 Pay” or “12 Pay”).
4 The purchase by Customers of Memberships facilitates the use of an online platform which stores all of Block Therapy’s content save and except for the University, which is unavailable to Members who have not purchased access to the University. The purchase by Customers of any one or more Services will entitle the Customer to delivery of the Service specified on the Site and Block Therapy in no way promises or guarantees the delivery of any one or more of the Services within any particular time frame. The purchase by a Customer of any one or more of the Product(s) shall entitle the Customer to delivery of the Product(s) as specified on the Site. For greater certainty, the Purchase by a Customer of one of the Starter Packages shall entitle the Customer to: either or both of the Block Baby and/or the Block Buddy; introductory information including explanatory videos; positions and descriptions; a 9 day full body fascia program; and a Membership for a period of 14 days. Block Therapy in no way promises or guarantees the delivery of any one or more of the Products within any particular time frame. The Purchase by a Customer of any one of the Virtual Intensives shall entitle the Customer to delivery of one (1) video-recorded teaching session and shall not entitle the Customer to any or both of the Block Buddy and/or the Block Baby. Purchase by a Customer of a University course shall entitle the Customer to the Membership, Products and/or Services as more particularly described on the Site.
POTENTIAL HEALING CRISES
5 Techniques associated with Block Therapy Products, Services, methods, practices, systems, and/or any other Block Therapy materials may result in one or more healing crises (“Healing Crises” and individually a “Healing Crisis”), which are typically temporary phenomena of various durations caused from melting adhesions in the fascia, and the resultant migration of tissue to a more correct alignment. The occurrence of a Healing Crises is impossible to predict and is unique for each individual but should be expected by Customers using Block Therapy Products and/or Services and the associated methods, practices, systems, and/or any other related materials. Healing Crises may include but are not limited to:
a. skin rash and/or eruptions from the body pushing out toxins;
b. fever and chills;
c. change in pain from the body shifting into a new alignment;
d. mucous production and/or cold or flu-like symptoms from the body pulling out toxins;
e. paresthesia/numbness from the migration of fascia as it moves into better alignment;
f. diarrhea from the body releasing waste and inflammation;
g. increased menstrual bleeding from the body releasing tissue and debris;
h. rib release from the melting of ribs previously frozen together;
i. emotional releases including but not limited to: crying, anger, and/or sadness from no apparent stimulus;
j. old memories surfacing and/or nightmares.
Healing Crises are a sign of healing. If any Healing Crisis including but not limited to any one or more of the above described symptoms should occur, beyond mild symptoms, please contact Block Therapy at its private Block Therapy Facebook Community or at email@example.com.
NO DEVIATION FROM MEDICAL ADVICE
6 You understand that Block Therapy is not a medical professional and does not employ medical professionals nor does Block Therapy offer medical advice. You must consult your own medical professional with any questions regarding your health. Never disregard obtaining professional medical advice or delay seeking it in favour of any one or more of the Services and/or Products and/or any other materials or information obtained from Block Therapy whether through the use of the Site including the Membership or University Courses or otherwise. The use of any one or more Block Therapy Products and/or Services is in addition to medical advice being sought by such user. Any changes to treatment being prescribed by medical professional should only be undertaken based upon the advice and guidance of the medical professional providing the medical care.
SALES AND DELIVERY POLICY
7 All sales of Block Therapy Memberships, Products and Services are final, non-refundable and non-cancellable. You agree to pay the purchase price in full for the Block Therapy Memberships, Products and Services that you indicate that you will purchase at the offered price, including all applicable sales and good and services taxes associated with such sales.
8 Arrangements by Block Therapy will be made to facilitate deliveries to Customers within three (3) business days after purchase via FedEx, Purolator, UPS, Canada Post, US Postal Service or another delivery service selected at the sole option of Block Therapy, depending on the destination. Rush delivery may be ordered by Customers at an additional cost.
A. Collection of Information
9 Block Therapy collects information (“Information”) from you and from other Customers in order to effectively coordinate with Block Therapy’s employees, education partners, affiliates, referring partners and faculty. Information may include, but is not necessarily limited to, your name, email address, phone number, and/or home address, and will not intentionally shared by us in any way with a third party other than in accordance with these Terms of Service.
10 Information will be used for the exclusive purpose of creating the most rewarding experience possible for you and other Customers. Information will be kept within a secured network. All reasonable steps will be taken by Block Therapy to limit access to the Information to Block Therapy employees, affiliates and referring partners of Block Therapy and authorized representatives with secured access to the secured network in which the Information is stored. Information will be maintained by Block Therapy on a confidential basis. You may receive communications directly from Block Therapy, its employees, affiliates, referring partners and authorized representatives based upon such information.
B. Information Confidentiality
11 No information collected either through the Site or by phone calls into the Block Therapy Support Center will be passed on to Outside Parties without your authorization. Signing up and registering to participate in our on-line community platform reflects your express authorization to Block Therapy to post the information supplied by you – but only that information supplied – during your participation in the on-line group platform.
12 The term “Outside Parties” does not include employees and authorized representatives of affiliates and referring partners to Block Therapy, as such parties will require use of your information in order to communicate with you through emails for promotions, updates, and notifications from time to time.
13 You acknowledge that the entire content of the Site, including, but not limited to text, graphics and/or code, is copyrighted as a collective work under copyright laws, and is the property of Block Therapy. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely to place an order with Block Therapy or for your own use in a non-commercial capacity and not for any financial gain. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site or the course materials offered by Block Therapy is strictly prohibited. You further agree not to change or delete any proprietary notices from any materials downloaded from the Site or purchased from us.
14 You acknowledge the following trademarks (the “Trademarks”) which are the exclusive property of Block Therapy and its founder Deanna Hansen:
a. Fascia Master
b. Block Buddy
c. Block Baby
d. Fluid Isometrics
e. any other trademark created by Block Therapy from time to time
You acknowledge that the Trademarks are proprietary to us and our licensors and you agree not to use our trademarks without our written permission.
DISCLAIMER AND LIMITATION OF LIABILITY
15 The content provided on Site and/or as part of any one or more of the Products, Memberships, or Services, including but not limited to any Block Therapy course materials, is presented for informational purposes only. This information is provided as-is, and the reader/viewer exclusively assumes all risks from the use, non-use or misuse of such information. Neither Block Therapy nor its employees, contractors, faculty or instructors shall be liable to you for any general, special or consequential damages that result from the use of, or the inability to use, the materials on the Site or those provided in accordance with any of the Memberships, Services and/or Products purchased by you including without limiting the generality of the foregoing any materials or information obtained by you in any of the Virtual Intensives.
16 To the extent permitted by applicable law, you expressly acknowledge and agree that: (1) your use of the Products and Services are at your sole risk. The Products and Services are provided on an "as is" and "as available" basis. Block Therapy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (2) Block Therapy makes no warranty that (a) the Products and/or Services will meet your own personal requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the Products and/or Services will be accurate or reliable; and (d) the quality of any Products, Services, information, or other material purchased or obtained by you through the Memberships or Services will meet your expectations; (3) any material downloaded or otherwise obtained through the use of the Site and/or the Memberships and/or the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (4) no advice or information, whether oral or written, obtained by you from Block Therapy or through or from the Memberships or the Services shall create any warranty not expressly stated in these Terms of Service; (5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority; (6) Block Therapy does not control or endorse any actions resulting from your participation in the Memberships and/or the Services and, therefore, Block Therapy specifically disclaims any liability with regard to any actions resulting from your participation in the Memberships or the Services.
17 Within the limits allowed by applicable laws, you expressly acknowledge and agree that in no case shall Block Therapy, its directors, officers, employees, agents and/or advisors, be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for physical or psychological injury, loss of profits, goodwill, use, data or other intangible losses (even if Block Therapy has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services or the Products; (b) any action you take based on the information you receive in, through or from the Memberships, the Services and/or the Products, (v) your failure to keep your password or account details secure and confidential, and/or (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into in connection with the Site.
18 In any event, the total liability of Block Therapy, its directors, officers, employees, agents and advisors, to you arising out of any theory or claim of liability or whatsoever nature or kind (including negligence) raised in connection with the use of the Site and your purchase of Memberships, Services and Products, shall be the total amounts paid by you to Block Therapy during the prior one year period.
19 The content provided on Site and/or as part of any one or more of the Products, Memberships, or Services, including but not limited to any Block Therapy course materials, is presented for informational purposes only. This information is provided as-is, and the reader/viewer exclusively assumes all risks from the use, non-use or misuse of such information. Neither Block Therapy nor its employees, contractors, faculty or instructors shall be liable to you for any general, special or consequential damages that result from the use of, or the inability to use, the materials on the Site or those provided in accordance with any of the Memberships, Services and/or Products including any in its courses.
USE OF SITE
20 Harassment in any manner or form on the Site, including via e-mail or chat or otherwise, including but not limited to by use of obscene, threatening or abusive language, is strictly forbidden. Impersonation of others, including a representative of Block Therapy or Fluid Isometric or other licensed employee, host, or representative, or any other one or more members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization or any nature or kind.
21 Block Therapy does not and cannot review all communications and materials posted to or created by users accessing the Site or any related social media platform and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Block Therapy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Site. However, Block Therapy does reserve the right to block or remove communications or materials that it determines to be: (i) abusive, defamatory or obscene, (ii) fraudulent, deceptive or misleading, (iii) in violation of a copyright, trademark or other intellectual property right of another, or (iv) offensive or otherwise unacceptable to Block Therapy in its sole and unfettered discretion.
22 You agree to indemnify, defend, and hold harmless Block Therapy, its officers, directors, employees, faculty, teachers, tutors, guest speakers, guest writers, blog editors, blog writers, agents, contractors, licensors and suppliers, from and against all losses, expenses, damages and costs, including all attorney’s fees, resulting from any violation of these Terms of Service or any activity related to your account with Block Therapy (including negligent or wrongful conduct); your purchase of one or more Memberships, Services and/or Products; and/or your use of the Site generally, by you or any other person accessing the Site using your internet account.
23 You agree that Block Therapy will not be liable for its failure to perform its obligations hereunder during any period in which such performance is delayed by fire, flood, earthquake, hurricane, blizzard, epidemic or pandemic; public health emergency; court order; act, delay or failure to act by civil, military or other governmental authority; strike, lockout, labour dispute, war; unavailability of electricity, required parts, materials or other items; information technology malicious attacks, or any other event or condition outside the reasonable control of Block Therapy.
24 These Terms of Service shall be governed by, and construed in accordance with, the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Customers and Block Therapy irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Manitoba (Winnipeg Centre), Canada (the “Jurisdiction”), to resolve any dispute or claim arising out of these Terms of Service or the use of the Site including all matters related to the purchase and use of the Memberships, Products and/or Services offered by Block Therapy. Each user undertakes and agrees to not commence any legal proceeding in any jurisdiction other than the Jurisdiction and agrees to pay all expenses and costs incurred by Block Therapy on a solicitor and own client basis for any breach of this undertaking and agreement.
25 Except and to the extent required by applicable law, you agree that any dispute between you and Block Therapy will be resolved on an individual basis. Any claim, dispute, suit or action (a “Claim”) you may have must be brought by you individually, in your individual capacity and not as a representative plaintiff or class member, and you agree that you will not join a Claim with claims, disputes, suits or actions of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Block Therapy or its affiliates, successors or assigns
30 Questions or concerns should be directed to Block Therapy at: