TERMS OF USE / PRIVACY POLICY / DISCLAIMER

 

Terms of Use:

Welcome to www.everathleteperformance.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Smith Chiropractic and Sports Therapy Inc.'s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘EverAthlete’ 'EverAthlete Performance' 'Smith Chiropractic and Sports Therapy Inc.' ‘us’ or ‘we’ refers to the owner of the website whose registered business address is 616 Ramona St. #26, Palo Alto, CA 94301. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

 

No Medical Advice:

The information contained on this website is general in nature and in no way should substitute for, or be used instead of, a clinical or thera- peutic relationship with a health care professional who is fully familiar with the specifics of your case. The information on this site may assist you in your personal, general research but none of it constitutes the practice of medicine or any other health care profession. Nothing in this site is intended as a recommendation or endorsement of any specific tests, products, procedures, healthcare provider, opinions, or other information that may be mentioned in this site. Any reliance on any information provided by the website personnel, others appearing on the site at the invitation of the website and/or other visitors to the site is solely at the user’s risk. E-mail correspondence with us  will not, in and of itself, create a physician/patient relationship between us or cause us to create or retain any medical records about you, monitor your care, or communicate with your own health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible.

Privacy Policy:

This privacy policy sets out how Smith Chiropractic and Sports Therapy Inc. uses and protects any information that you give Us when you use this website.

Smith Chiropractic and Sports Therapy Inc. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 1st, 2020.

What we collect:

We may collect the following information: Name, contact information including email address, demographic information, or other information relevant to customer surveys and/or offers.

What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customize the website according to your interests.

Security:

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies:

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites:

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Consent:
By using this website you are giving us permission to process your personal data specifically for the purposes identified. You may withdraw consent at any time by emailing us at Frontdesk@everathleteperformance.com

 

Disclosure:
We will not pass on your personal data to any third-parties without first obtaining your consent. 

 

No Warranties:

Smith Chiropractic and Sports Therapy Inc. makes no representation or warranty concerning errors, omissions, delays, defects in, or the accuracy, completeness, timeliness or usefulness of, the information supplied to users on this site or the Internet generally, or that its files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.

Disclaimer of Liability:

The information contained in this website is for general information purposes only. The information is provided by Smith Chiropractic and Sports Therapy Inc. and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Smith Chiropractic and Sports Therapy Inc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

OUR MEMBERSHIP SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SITE.. THE USE OF INFORMATION PROVIDED THROUGH OUR MEMBERS SITE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

In becoming a member of our website with the intent of using the Educational Content and Live Fitness Classes, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of our website and online services.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of our website and online services.

Smith Chiropractic and sports therapy Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Transmitting Information:

You should be aware of the general risks of transmitting information over the internet, which may not use encryption. You should therefore not share any personal medical information which you would wish to be held confidential in a physician/patient or similar clinical relationship.

Intellectual Property Laws:

This website, including, without limitation, any logos, images and information contained herein, are the property of Smith Chiropractic and Sports Therapy Inc. and are protected by copyright, trademark and other intellectual property laws. By using this site, you agree not to reproduce, retransmit, distrib- ute, disseminate, sell, publish, broadcast, print or circulate any of the contents of this web site to anyone without the express, prior written consent of Smith Chiropractic and Sports Therapy Inc.