OVERVIEW OF TERMS OF SERVICE
Updated on December 16, 2019
This website http://www.painacademyonline.com (“Site”) (which is also accessible through https://painacademy.net, http://www.painaademy.rehab, and/or http://www.
IF YOU DO NOT AGREE TO WITH OUR TERMS OF SERVICE PLEASE DO NOT ACCESS OUR SITE OR SOCIAL MEDIA ACCOUNTS, AND OR USE OR PURCHASE OUR SERVICES AND FACILITIES.
Any new feature, service, product, or information which is added to the Site shall be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or modify these Terms of Service at any time. For this reason, we encourage you to review these Terms of Service whenever you access our Site, social media accounts, and our facility, offices and gym, and/or whenever you purchase our services and/or products. It is your responsibility to check this page periodically for changes. By accessing and using any part of the Site, our social media accounts, and/or by purchasing our services and products, and accessing our facility, offices and gym in Westlake Village, CA, you agree to be bound by these Terms of Service at the time of your access and purchase. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1: DISCLAIMER
While information posted on this Site is believed to be reliable and accurate at the time of posting, Pain Academy, LLC does not guarantee, represent or warrant that the information contained on this Site is accurate, complete, reliable, verified, error free, or fit for any purpose.
Posture Therapy offered through our Online Program and through sessions, is a form of exercise. Likewise, all of our movements and sequences are a form of exercise. As with any type of exercise, Posture Therapy, and our movements and sequences are not without risk, and participation in Posture Therapy and our movements and sequences, may result in injury. Pain Academy, LLC urges the participants of Our Program – which includes, but is not limited to, any of the following: individual or group in-person, online, or offline Posture Therapy sessions, seminars, webinars, subscription platform users, membership subscribers of our online program, and exercises, sequences and information posted on videos online on our Site, and/or on our social media accounts, including, but not limited to, Instagram, YouTube, and Facebook (collectively referred to as “Our Program”, “Program”) – to do so within the boundaries of their own capabilities. Participation in Our Program is voluntary and constitutes recreational activity. Pain Academy, LLC is not a health care provider, and its owners, members, directors, officers, employees and agents are not health care providers, and for this reason, Pain Academy, LLC does not provide medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure. Our Program is in no way intended as a substitute for medical consultation, advice, evaluation, consultation, and/or treatment and constitutes only as recreational activity. Pain Academy, LLC, its owners, members, officers, directors, employees, and agents disclaim liability from and in connection with Our Program.
Any person who participates in Our Program does so at their own risk. To reduce the risk of injury, you should consult your doctor before beginning Our Program. As with any exercise program, if at any point during your use of our services, you believe conditions or exercises to be unsafe or begin to feel faint or dizzy, have physical discomfort, or pain, you should stop immediately and consult a doctor.
SECTION 2: WAIVER OF LIABILITY
By accessing our Site, you agree that you wish to participate in Our Program. You agree that you are 18 years of age or old or older. You agree you are acting on behalf of yourself, or as the parent or legal guardian of a minor participating in Our Program, per your express authorization herein. You agree that if at any time, you believe conditions to be unsafe or begin to feel faint, dizzy, have physical discomfort or pain, or witness, as a parent or legal guardian, your minor participating in Our Program to begin to feel faint, dizzy, have physical discomfort or pain, you (or theminor whom you authorizing to participate in Our Program), will immediately discontinue further participation. You fully understand that Pain Academy, LLC provides recreational services only. You fully understand that the Pain Academy, LLC Program is a form of exercise inherently involving risk and dangers. You understand and agree that these risks and dangers maybe caused by your own actions or inactions, or the actions of others participating in or conducting the activity.
You understand, acknowledge and agree that Pain Academy, LLC does not provide any medical opinion, advice, diagnosis, evaluation, treatment, prescription or cure. You understand, acknowledge and agree that Pain Academy, LLC in no way represents itself as a medical and/or health provider, and anything discussed, or any information provided by Pain Academy, LLC, its owners, members, directors, officers, employees, and/or agents, is not medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure.
You understand, acknowledge, and agree that neither Pain Academy, LLC, nor its owners, members, officers, directors, employees, or agents are responsible or liable for any claim, loss, or damage directly or indirectly resulting from your participation (or the participating of the minor whose participation you are authorizing) in the Pain Academy, LLC’s Program. Further, you fully assume all risks and responsibilities for losses, injuries, costs or damages resulting directly or indirectly from your (and/or your minor’s) participation in the Program, and you hereby Release Pain Academy, LLC, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of your (or your minor’s) participation in the Program and/or reliance on information communicated to you by Pain Academy, LLC. We understand that by way of this waiver, you are not releasing Pain Academy, LLC, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of any gross negligence by Pain Academy, LLC, its owners, members, officers, directors, employees, and agents.
You represent that you have read this Waiver of Liability in its entirety, fully understand its terms and agree to be bound to it freely, without inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by the law, and you agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall be in full force and effect. This waiver shall be governed by the laws of the State of California.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
SECTION 3: INDEMNIFICATION
You further understand acknowledge and agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, you, or anyone on your behalf, or on behalf of the minor for whom you are signing this agreement, makes a claim against any of the releasees, you will indemnify, defend, save and hold harmless each of the releasees from any litigation expense, attorney fees, loss, liability, damage or costs which may incur as a result of such claim, excluding any claims of gross negligence.
SECTION 4: COMMUNICATIONS, MARKETING AND EDUCATION POLICY
You acknowledge and agree that by purchasing services and/or products from Pain Academy, LLC, and by subscribing to a membership subscription platform, and/or becoming a member of our online program, you give your express consent to be contacted and/or receive marketing communication by direct mail, email, telephone, pre-recorded message, text message, instant message and other means from or on behalf of Pain Academy, LLC.
- Types of Information We Collect.
We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.
a. Personally Identifiable Information (“PII”).
This refers to information that lets us know the specifics of who you are. Examples of PII may include your first and last name and email address. You may also voluntarily provide other PII, whether or not specifically requested by us, by voluntarily supplying your own details to us via e-mail or by posting publicly viewable comments on the Site. You agree that we may collect any PII voluntarily supplied by you, whether or not we have requested it. You must not submit any PII relating to a third party which you do not have permission from such third party to provide to us. We do not knowingly collect any information relating to third parties which you do not have permission to provide. When you engage in certain activities on our Site, such as registering or sending us a message or written content via email, we will ask you to provide certain PII.
b. Aggregate Information.
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other Sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.
- How We Collect and Use Information.
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Site.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.
If your web browser emits “do not track” signals, or use other mechanisms that provide you the opportunity to prevent the collection of PII or Aggregate Information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
- Release of Information
We do provide some of our service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver services to you. For example, we may use Service Partners to assist us in delivering electronic newsletters and communications to you; to collect PII voluntarily submitted by you when leaving comments on the Site; and to analyze Aggregate Information.
We will choose Service Partners who adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed by the respective privacy policies of those providers and is not subject to our control.
Other than our Service Partners, we do not allow outside parties to collect PII or Aggregate Information about you or your online activities when you use our Site.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
- Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time. You may request that your account be deleted by e-mailing us at [email protected]. Please include your name and email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as logs of technical support calls or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups. We will complete your request within three business days from your request.
- Your California Privacy Rights
Upon your request, California Civil Code Section 1798.83, known as the “Shine the Light” law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us by e-mail at [email protected]. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
- Your General Data Protection Regulation Rights
We have made all legal efforts to comply with the General Data Protection Regulation (GDPR), which protects the rights of European Union citizens. Note to our European Union citizens: you have the right to ask us questions about your own data. Please contact Armineh Megrabyan at [email protected] with any questions and/or concerns in this regard. Please also note that you have the right to lodge a complaint with the EU Commission if you are dissatisfied with our response to your questions about how we use and keep your data.
8. User Choices on Collection and Use of Information
We may, from time to time, send you e-mails and/or newsletters regarding information or services that we feel may interest you. Only Pain Academy, LLC (or agents working on behalf of Pain Academy, LLC and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondence from us, you can “opt-out” by clicking on the “Unsubscribe” link at the bottom of each correspondence. You may also contact us by emailing [email protected] to request to be removed from our mailing list and/or subscription service We will complete your request within three business days from your request.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.
- Security of Your PII
At our Site you can be assured that your PII is secure as we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
— We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
— We limit access to PII only to specific employees, Service Partners, contractors and agents who have a reasonable need to come into contact with your information.
— Additionally, we also employ a number of physical, electronic and procedural safeguards to protect PII. Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.
You must be at least 18 years old (or be the guardian of a minor and give permission on behalf of that minor) to have our permission to use our Site. Our policy is that we do not knowingly collect, use, or disclose PII about visitors under the age of 18.
10. Contact Us.
11. Effective Date.
SECTION 6: INTELLECTUAL PROPERTY RIGHTS
Our Site, and all content contained on our Site (collectively “Proprietary Material”) is protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned and/or controlled by Pain Academy, LLC or by other parties that have provided rights thereto to Pain Academy, LLC.
Use of our Site is intended for personal, non-commercial purposes only. You agree to use our Site only for lawful, noncommercial purposes. The term “use” is defined in the broadest possible means, and includes, but is not limited to, copying, reproducing, sharing, permitting access to, distributing, reverse engineering, modifying, publishing, displaying, transmitting, adapting, framing, linking, renting, leasing, loaning, selling, licensing, and/or in any way exploiting the contents of our Site.
Except as expressly permitted by these Terms of Service, you may not, and agree that you will not, use, copy, reproduce, share, permit access to, distribute, publicly perform, reverse engineer, modify, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, and/or in any exploit the contents of our Site. You agree to use our Site in compliance with all international, federal, state and local laws. Any purchase order suspected to be used for unauthorized and/or illegal use or any other activity not approved in writing by the Managing Member of Pain Academy, LLC, Vincenzo (Vinny) Crispino, may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be cancelled and credited back. Modification of the materials and content appearing on the Site or use of such materials and content for any prohibited purpose, as communicated herein, is a violation of our copyright and other proprietary rights.
The intentional use of a false name, address, telephone number and/or credit card number to purchase any services on this Site shall constitute fraud under the laws of the State of California and will be prosecuted to the full extent of the law.
Any person or entity wishing to use any material on our Site and/or from our Program, including, but not limited to, our social media platforms, online program and Breaking Your Limits book by Vincenzo Crispino, for commercial purposes must, prior to said use, request and obtain express written permission from Pain Academy, LLC by directing your written request to
Pain Academy, LLC,
Attn: Vincenzo (Vinny) Crispino,
350 N. Glendale Avenue, Unit B – 286,
Glendale, CA 91206,
Any permission granted for use of our Site and/or Program for commercial purposes must be in writing and signed by Vincenzo (Vinny) Crispino, or it does not exist.
Any unauthorized use of our Site and/or Program will be prosecuted to the full extent of the law.
SECTION 7: THIRD PARTY WEBSITES, PRODUCTS, AND INFORMATION
This Site may contain links to other sites which are not maintained or controlled in any way by Pain Academy, LLC. Links to any such sites that are not maintained or controlled by Pain Academy, LLC are provided for convenience only and are not to be construed as an endorsement by Pain Academy, LLC or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.
From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
SECTION 8: PASSWORDS AND SECURITY
- Login Required.
In order to participate in our subscription platform and online membership program from this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
- Passwords and Security.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. We will never ask you for your password.
SECTION 9: PAYMENTS, CANCELLATIONS, AND REFUNDS
For sessions, all payments must be made and approved prior to your scheduled session. For subscription and online membership payment, all payments will be directly deducted from your designated bank account, or credit card. For Monthly members, the deduction will be made every month on the same date of the month that you signed up as a member initially. For Quarterly members, with a 3-month subscription and membership, all payments will be directly deducted every three months from your designated bank account, or credit card, on the same day of the month as your first subscription. For Semi-Annual members, with a 6-month subscription and membership, all payments will be directly deducted every six months from your designated bank account, or credit card, on the same day of the month as your first subscription.
The subscription for all memberships will continue until the member cancels the membership. A member is charged for access to the membership program, and not for use. Therefore, regardless of whether or not the member uses the program, the member will be charged for the membership for having access to it, until and unless the member cancels the membership as required below in the “Cancellations and Refunds” Section.
We accept all major credit cards. Payment is made through a third-party provider, Authorize.Net. All financial information is stored through Authorize.net. If you have any questions, concerns, or issues with processing your payment, please contact https://www.authorize.net/support/. If you would like our assistance and support in resolving your payment issues with Authorize.Net., we will gladly offer our support, to the extent that we are able. Please contact us at [email protected] in this regard. However, you agree that Pain Academy, LLC is not liable for any wrongdoing on the part of Authorize.Net. regarding processing of payments.
- Cancellations and Refunds.
Any cancellation of a session made by you must be made at least twenty-four (24) hours prior to the scheduled session start time. Should you cancel after the period of twenty-four (24) hours prior to the scheduled session start time, THERE WILL BE NO REFUNDS. Should you fail to attend a scheduled appointment, you will still be charged for that session. Furthermore, THERE ARE NO REFUNDS IF YOU PURCHASE A PACKAGE AND DO NOT USE ALL OF THE SESSIONS WITHIN SIX MONTHS FROM PURCHASE, UNLESS YOU PURCHASE MORE THAN 24 SESSIONS, IN WHICH CASE, YOU WILL HAVE ANOTHER SIX MONTHS TO USE ALL SESSIONS BEYOND 24 SESSIONS. The only exception to this rule for the packages is if there is a documented medical reason for not being able to continue with your sessions.
Cancellation of your membership can be done any time by sending an email to [email protected]. However, in order to not be charged the next months’ membership fee, the cancellation must be made no later than 5:00 pm (Pacific Standard time), at least three business days prior to the date your membership fee will be charged. As a reminder, the fees are charged monthly on the same day of the month as you initially signed up. Any request for cancellation made less than three business days before the membership fee is to be charged will result in the membership being cancelled beginning the next month on the same day you initially signed up, and you will have access to the membership for the remainder of that month.
Cancellation of your 3-month subscription membership can be done any time by sending an email to [email protected]. However, in order to not be charged the next installment at the completion of your 3-month subscription/membership, the cancellation must be made no later than 5:00 pm (Pacific Standard time) at least three business days prior to the date your subscription/membership fee will be charged. As a reminder, the fees for 3-month subscription/membership are charged on the same day of the month as you initially signed up. Any request for cancellation made less than three business days before the membership fee is to be charged will result in the membership being cancelled beginning the next month on the same day you initially signed up, and you will have access to the membership for the remainder of that month.
Cancellation of your 6-month subscription membership can be done any time by sending an email to [email protected]. However, in order to not be charged the next installment at the completion of your 6-month subscription/membership, the cancellation must be made no later than 5:00 pm (Pacific Standard time) at least three business days prior to the date your subscription/membership fee will be charged. As a reminder, the fees for 6-month subscription/membership are charged on the same day of the month as you initially signed up. Any request for cancellation made less than three business days before the membership fee is to be charged will result in the membership being cancelled beginning the next month on the same day you initially signed up, and you will have access to the membership for the remainder of that month.
SECTION 9: TERMINATION
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site and/or our services, and/or Our Program, with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the services and content available on this Site will immediately cease. We shall not be liable to you or any third-party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The obligations and liabilities of the parties incurred prior to the termination date shall service the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Program, or when you cease using our Site. If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due to us up to and including the date of termination; and /or accordingly may deny you access to our Services (or any part thereof).
SECTION 10: DISPUTE RESOLUTION
- Governing Law.
The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
- Dispute Resolution.
All claims and disputes arising under or relating to this Agreement are to be settled by mediation, by a mediator mutually selected by the parties. The parties shall equally share in the cost of the mediation. If the matter is not resolved through mediation, then it shall be settled by binding arbitration in the state of California, County of Ventura, with the use of an arbitrator mutually selected by the parties. The arbitration shall be conducted on a confidential basis. Any decision or award as a result of any such arbitration proceeding shall be confidential, in writing, and shall provide an explanation for all conclusions of law and fact. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award. Please note that the mediation and arbitration dispute resolution procedures are in lieu of relief through the courts.
- Action Waiver.
You agree that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action. The enforceability of this provision does not affect the enforceability of the Arbitration clause above.
All notices to Pain Academy, LLC shall be in writing and shall be sent Armineh Megrabyan, 350 N. Glendale Avenue, Unit B – 286, Glendale, CA 91206. We agree to accept by email, a courtesy copy only, of any notice properly mailed to the above identified person and address. You agree to allow us to submit notices to you using the email address provided by you in the Registration Information. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication on the delivery date when mailed by you, and or transmitted by email by Pain Academy, LLC.
SECTION 12: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of our Site, services and our Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of our Terms of Service). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.