Terms of Use
Vestibular Group Fit
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Vestibular Group Fit (hereinafter referred to as the “Program”). The Program and its content are owned by Madison Oak and Oak Physical Therapy & Wellness PC.
- Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Madison Oak and Oak Physical Therapy & Wellness PC
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” “Client” or “Your” means the purchaser and person using the Program.
1. Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
2. DISCLAIMER:
By participating in the Program, you understand that Madison Oak provides information and education as a health coach. While Madison Oak and other employees may hold or be Doctors of Physical Therapy, it is important to note that we do not serve as your personal Doctor of Physical Therapy. Before attempting any therapeutic interventions or changes to your diet, exercise, or health routine, it is essential that you consult your physician or another qualified medical professional first.
This Program is solely for informational and educational purposes only. The information and education provided within this Program are not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis. Any information or education provided during the Program shall not be construed as professional medical treatment or advice.
Although we do our best to make sure all the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
3. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
4. Intellectual Property Ownership:
The Program and its content, including, but not limited to, Educational Modules, live and pre-recorded workouts, balance challenges, vestibular exercises, meditations, and all other content within Vestibular Group Fit are intellectual property owned by Madison Oak + Oak Physical Therapy & Wellness PC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
5. No Sharing:
You are prohibited from distributing, copying, forwarding, and/or sharing the Program or its content with any third party. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You are prohibited from sharing your password or login information with anyone else. Sharing this information with individuals who have not purchased the Program will result in immediate removal from the Program and no refunds will be issued.
6. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
7. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
We explicitly disclaim any representations, guarantees, or warranties, in any form, regarding the Program. The Program is offered “AS IS” without representations, guarantees, or warranties, whether implied or express, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, to the extent permitted by law. We shall not be held liable for any damages arising from your use of the Program.
8. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Oak Physical Therapy & Wellness PC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Oak Physical Therapy & Wellness PC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Oak Physical Therapy & Wellness PC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Oak Physical Therapy & Wellness PC as stated in this section herein.
9. Our Refund Policy:
We are committed to ensuring your satisfaction to the best of our ability and within reasonable limits. However, due to the downloadable nature of the Program, refunds will not be granted once the Program is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Madison Oak at [email protected].
10. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Madison Oak at [email protected].
However, should attempts to resolve the dispute amicably be unsuccessful, you consent to the submission of the dispute between you and Madison Oak + Oak Physical Therapy & Wellness PC to binding arbitration with the American Arbitration Association, unless both parties mutually agree otherwise. Demand for arbitration must be in writing and the dispute shall proceed through arbitration in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Jackson, Wyoming.
The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The only award that can be issued to you is a refund of any payment made to Oak Physical Therapy & Wellness PC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
11. Limitation of Liability:
Madison Oak + Oak Physical Therapy & Wellness PC are not responsible or liable in any way for any and all damages arising directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
12. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
a. General Payment Terms:
When you pay for the Program by credit or debit card, you authorize and give permission to Oak Physical Therapy & Wellness PC to charge your credit or debit card for the amount owed for payment of the Program each month you are participating. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant via WooCommerce (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Oak Physical Therapy & Wellness PC is not responsible for the merchant’s independent policies or practices.
b. Recurring Payments and Automatic Renewal:
By agreeing to these Terms, you authorize and agree to recurring payments for the Program. As of April 1, 2024, subscription payments are billed on a monthly, quarterly (3-month), or semi-annual (6-month) basis. These payments will be automatically charged to your designated payment method at the agreed-upon intervals. Please plan accordingly as you will not receive prior notification before the charge is processed on your card.
Unless the Client cancels their subscription before the end of the current subscription term, the subscription will automatically renew for another term of the same duration.
Individuals currently enrolled in subscription structures or payment schedules that are no longer offered will be permitted to fulfill the remaining duration of their original subscription.
Oak Physical Therapy reserves the right to amend these payment terms and subscription structures as needed
c. Failed payments.
The procedure for failed subscription plan payments is outlined below. Please ensure your payment information is up to date to avoid any interruptions in access to the Program.
I I Ii. If your payment method fails on the 1st attempt:
If your recurring payment fails on the due date, your credit card will be automatically charged after a 12-hour grace period to complete payment (the “grace-period attempt”).
If your card was inadvertently not updated or available to be processed at the time we attempted the initial charge, you’ll have the 12-hour grace period to update your card information with any penalty or risk of losing access to the Program.
ii. After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program until your payment is successfully completed. We will make another attempt to charge your credit card 12 hours after the grace-period attempt. A Customer Payment Retry email will be sent to you, and your subscription will be placed on hold.
iii. After 3rd failed payment:
Your access will remain on hold until you successfully complete the outstanding late payment. Twenty-four after the previous attempt, we will make another charge attempt on your card. Please note that no email notification will be sent to the client in this instance.
iv. After 4th failed payment:
Your access will remain suspended until you successfully complete the overdue payment. Forty-eight hours after the previous attempt, we will make another charge attempt on your card. A Customer Payment Retry email will be sent to you to notify you of the attempt.
v. 5th and final attempt to make payment:
Your access will continue to be on hold until you successfully complete the overdue payment. Seventy-two hours after the previous attempt, we will make another charge attempt on your card. A Customer Payment Retry email will be sent to you to inform you of the attempt.
Please note that the 5th attempt marks the final opportunity to collect your payment before your account is deemed failed and canceled. If the 5th payment attempt fails, you will be permanently removed from the Program and the associated Facebook Group, with no refunds issued.
13. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Entire Agreement
These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
15. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Wyoming. Any action brought by any party arising out of or from these Terms shall be brought within the state of Wyoming, County of Teton.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Madison Oak at [email protected].
16. Photograph and Testimonial Release
The Client grants the Company the right, title, and interest to share any and all communications, “wins”, screenshots of communications, or testimonials in connection with the Client’s participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Company’s website, and to the Company’s future clients. The Client understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her name or identifying information. If the Client wishes to opt-out of this Photograph and Testimonial Release, they should make their request in writing to [email protected]. Opting out of this Photograph and Testimonial Release will not affect the Client’s participation in, or access to, the Program.
17. Cancellations
The Client acknowledges that they have the option to cancel their membership and subscription at any time. This can be done by the Client themselves through their account on the portal located at https://thevertigodoctor.com/dashboard/subscriptions/. Upon cancellation, the Client will be removed from the group when their subscription expires. Clients may use and enjoy the program for the remainder of their subscription term, however, no refunds will be offered. Clients must cancel their subscription prior to the renewal date if they wish to avoid automatic renewal.
18. Chargebacks
We hereby state that any indication or assertion of an intention to initiate a chargeback is not acceptable, whether actual or verbalized. In the event that any chargeback actions are undertaken with regard to a transaction involving the acquisition or acquisition rights of our Courses, Services, Subscription Offerings, and/or Merchandise, we reserve the right to communicate this occurrence to prominent credit reporting entities. Such communication possesses the potential to yield adverse ramifications on your credit history and/or credit rating. In the event that circumstances necessitate such communication, and you seek the elimination of this disclosure from your credit record, we kindly request you contact us for the purpose of coordinating the settlement of any outstanding payment. Upon successful receipt of the due payment, we will duly proceed with the requisite notifications to the pertinent credit reporting agencies.
19. Attorney’s Fees
In the event of any dispute arising from these Terms of Use, and/or the Client’s participation in the Program, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in resolving the dispute, to the extent permitted by law.
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