Terms & Conditions
Terms and Conditions of User Application
IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST USE THIS SITE OR SCI BUSINESS SOLUTIONS, INC.’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE SCI BUSINESS SOLUTIONS, INC.’S PRODUCTS OR SERVICES.
You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not, without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Site;
- modify, distribute, or re-post any content on the Site for any purpose; or
- use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any SCI Business Solutions, Inc. trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without SCI Business Solutions, Inc.’s express written consent;
- not to use meta tags or any other "hidden text" utilizing an any SCI Business Solutions, Inc. name, trademark, or product name without SCI Business Solutions, Inc.’s express written consent;
- not to deep link to this Site without SCI Business Solutions, Inc.’s express written consent;
- not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violate of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by SCI Business Solutions, Inc.; and
- to be bound by the Product Submission Policies of SCI Business Solutions, Inc., including that any product submission you may make to SCI Business Solutions, Inc. will not be held in confidence by SCI Business Solutions, Inc., and is not proprietary, that SCI Business Solutions, Inc. may use the product submission and any aspect thereof for any purposes in SCI Business Solutions, Inc.’s sole discretion, and that SCI Business Solutions, Inc. owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
No warranty or guarantee of a cure is expressed or implied with any information at this site, nor does SCI Business Solutions, Inc. make any representations regarding the use or the results obtained with the information. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). The information contained in this online site and emails is presented in summary form only and intended to provide broad consumer understanding and knowledge of products offered. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. We recommend getting a bone density exam prior to participating in this program or any other program developed by SCI Business Solutions, Inc.
Involvement in exercise and related activities carries a significant risk of damage to property, personal injury or death. SCI Business Solutions, Inc. recommends the use of professional instruction before entering into any exercise or physical activity. You should become knowledgeable about the risks involved and assume personal responsibility for your actions. The information contained within the website, manual, DVD’s etc owned by SCI Business Solutions, Inc. may or may not be accurate and is open to interpretation. Opinions concerning the technical difficulties, fitness requirements, and safety are subjective and may differ from yours or others opinion, therefore be warned that you must exercise your own judgment as to the difficulty and your ability to safely protect yourself from the inherent risks and dangers.
The information found on the website, manual or DVD or within any of the information products produced by SCI Business Solutions, Inc. is not intended as a substitute for medical, nutrition, or exercise advice for you personally. You should not use this information to diagnose or treat a health problem, disease, or any medical condition. Participation in an exercise/sport/nutrition program may pose a risk of permanent injury or even death. Therefore, please seek advice directly from your physician before beginning any exercise or nutritional program. Furthermore, please see your physician about any specific existing medical problems you may have before beginning any exercise or nutritional program.
In collecting your personal information, we aim to provide you with a more customized experience and to track your progress and results against those of the rest of the SCI community in an effort to improve our methods and to aid in SCI research and treatment. This information lets us provide services and features that we think are more likely to meet your needs and the needs of the SCI community as a whole.
SCI Business Solutions, Inc. collects two types of information when you visit our Web site(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, medical information, program progress and results, and email address ("personal information"); and nonpersonal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Web site(s) ("nonpersonal information").
SCI Business Solutions, Inc's Use of Personal Information and Nonpersonal Information: We use your personal information to process your requests and to improve our business, including, but not limited to, improving the features of our Web site(s), and to communicate with you. We may also use your personal information as data to aid in SCI research and treatment, although we would not disclose your name in connection with that data without your prior express consent. We may also use your personal information to personalize our Web site(s), to target advertising or promotions that may be of interest to you, to conduct business in any manner that we, in our sole discretion, deem appropriate, and to analyze aggregate user data in order to improve our services. On occasion, we may also contact you about SCI Business Solutions, Inc.’s or any of its business units' or partners' products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding SCI Business Solutions, Inc. For information about opting out of such communications, please see our Opt-Out Policy section below.
Legal Requirements: We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of SCI Business Solutions, Inc. and its employees or others.
Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or nonpersonal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.
SCI Business Solutions, Inc. uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.
Other Web Sites; Links
On our Web site(s) and in communication with you, we may include links or referrals to businesses and Web sites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus SCI Business Solutions, Inc. cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Copyright and Trademarks
All Site materials, including, without limitation, the Products, website, manuals DVD’s (Telehealth Home Based SCI Recovery System), and all SCI Business Solutions, Inc. product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 1998–2012 . ALL RIGHTS RESERVED. SCI Business Solutions, Inc. or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SCI Business Solutions, Inc. or the respective copyright owner. You may not, without the express written permission of SCI Business Solutions, Inc. or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of SCI Business Solutions, Inc. or any third party.
Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of SCI Business Solutions, Inc. in the United States and other countries: Project Walk, Dardzinski Method, Telehealth SCI Home Based Recovery System. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of SCI Business Solutions, Inc. or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SCI Business Solutions, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SCI Business Solutions, Inc. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is SCI Business Solutions, Inc.’s policy to respect the copyright and intellectual property rights of others. SCI Business Solutions, Inc. may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, SCI Business Solutions, Inc. may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, SCI Business Solutions, Inc. complies with the Digital Millennium Copyright Act.
If you believe that SCI Business Solutions, Inc. or any user of our Site has infringed your copyright in any material way, please notify SCI Business Solutions, Inc., and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to (email@example.com), or by mail to:
SCI Business Solutions, Inc.
2732 Loker Ave West
Carlsbad, CA 92010
Attn.: (Customer Service).
You agree to indemnify and hold harmless SCI Business Solutions, Inc., its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.
Unless stated otherwise, all SCI Business Solutions, Inc. products that are sold to the user carry a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. This excludes any online content that is solely online based. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- packaging may vary from that shown on the Site;
- any weights, dimensions, and capacities shown on the Site are approximate only; and
- all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SCI BUSINESS SOLUTIONS, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF SCI BUSINESS SOLUTIONS, INC. OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCI BUSINESS SOLUTIONS, INC.'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO SCI BUSINESS SOLUTIONS, INC. FOR ANY PRODUCTS SUPPLIED BY SCI BUSINESS SOLUTIONS, INC. THROUGH YOUR USE OF THE SITE OR OTHERWISE.
SCI BUSINESS SOLUTIONS, INC. WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
The information contained within press releases issued by SCI Business Solutions, Inc. should not be deemed accurate or current except as of the date the release was posted. SCI Business Solutions, Inc. has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
This Site is controlled, operated, and administered by SCI Business Solutions, Inc. from its offices within the United States of America. SCI Business Solutions, Inc. makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, SCI Business Solutions, Inc. reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that SCI Business Solutions, Inc. shall not be liable for any termination of your use of or access to the Site.
Only you and SCI Business Solutions, Inc. shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the Superior Court of San Diego County, California, or the United States District Court for the Southern District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in San Diego, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either SCI Business Solutions, Inc. or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of SCI Business Solutions, Inc. to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.
The terms of this section survive any termination of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between SCI Business Solutions, Inc. and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of SCI Business Solutions, Inc. Any cause of action you may have with respect to the Site or SCI Business Solutions Inc.'s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by SCI Business Solutions, Inc. to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and SCI Business Solutions, Inc. and you do not have any authority to create any obligation or make any representation on SCI Business Solutions Inc.'s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without SCI Business Solutions, Inc's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and SCI Business Solutions, Inc. and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.