Terms of Service

Introduction

Welcome to Body by Thor LLC. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

Company Information

Business Name: Body by Thor LLC
Address: 4820 31st Street South, Suite A, Arlington, VA 22206, USA
Email: Info@BodybyThor.com
Phone: (703) 652-9426

Terms and Conditions

By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.

• Additional Terms.To the extent The Company provides you notice of different or additional terms or practices, those additional terms will govern your use of the Services.
• Privacy. By visiting, accessing, or using any part of the Services, you accept the practices described in The Company’s Privacy Policy.
• Eligibility. You may only use the Services if you are at least eighteen (18) years of age.
• Updates. The Company may modify this Agreement at any time. Such modification will become effective immediately upon either posting of the modified agreement or The Company’s notification of users.
• Modification and Termination. The Company operates the Services in its sole and complete discretion. The Company may modify the Services at any time for any reason, including changes to features, content, functionality, or software. The Company may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond The Company's control. The Company may also terminate the Services in entirety. The Company is not liable for any such modification, suspension, or termination of the Services.

Use of Service

Copyright and Trademarks

All content hosted on the Services is copyrighted under the law as collective work and/or compilation. Body by Thor LLC holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without Body by Thor LLC's express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning Body by Thor LLC services from the Services solely for your personal non-commercial use.

Health and Wellness Information

The Services contain information about leading a healthy lifestyle, including information on health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program. Any health information you post on the discussion board or forum may be viewed by other users of the Services.

Electronic Communications

When you use the Services, you communicate electronically with Body by Thor LLC. You expressly consent to receipt of electronic communications from Body by Thor LLC through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Body by Thor LLC provides according to this paragraph satisfy any legal requirement for written communication.

Equipment

You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.

Chat

Body by Thor LLC makes no guarantee that all the chat texts will be delivered to you without any problem. Body by Thor LLC is not liable if the chat window is not displayed correctly or the installation of the chat windows on your website results in the incorrect display of the website. You are responsible and should check that the website appears and functions without any problem after the installation of the service. Body by Thor LLC employs AI chatbots to enhance your live chat experience. Please note that AI chatbots, while advanced, are not infallible and may occasionally provide incorrect or inaccurate information. We encourage you to review their chat history for any potential inaccuracies and take appropriate measures to address them. Body by Thor LLC is not responsible for any incorrect or inaccurate information provided by the AI chatbots, nor for any consequences that may arise from such information. Users are solely responsible for verifying the accuracy of any information received from the chatbots and for taking appropriate actions based on that information. Please exercise caution and discretion when relying on information provided by the AI chatbots.

Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are 18 or older and that you agree to comply with these Terms.

Service Availability

We strive to ensure that our services are available at all times, but we do not guarantee uninterrupted access. We may suspend, restrict, or terminate your access to our services at any time without notice.

Appointments and Cancellations

Booking

Appointments for posture therapy sessions can be booked through our website, by phone, or by email.

Cancellation Policy

Cancellations or rescheduling of appointments must be made at least 24 hours in advance. Failure to do so may result in a cancellation fee.

Payment

Fees

Fees for our services are detailed on our website and may be subject to change. All payments must be made in full at the time of service unless otherwise agreed upon.

Payment Methods

We accept various payment methods, including credit cards, debit cards, and electronic transfers.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Limitation of Liability

To the fullest extent permitted by law, Body by Thor LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use of our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Virginia, USA, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitute your acceptance of the new Terms.

User Content

Your Content

You retain all rights, responsibility, and ownership of your content. You may only post User Content that you created or have permission to use. Body by Thor LLC is not responsible for any User Content posted on the Services, nor does it control the content made available by users. Body by Thor LLC makes no representations or warranties concerning efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading, or otherwise objectionable. While Body by Thor LLC does not pre-approve or pre-screen User Content, Body by Thor LLC may disable, remove, or delete any User Content. Body by Thor LLC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such User Content.

License to User Content

By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting”) any messages, text, files, images, video, photos, sounds, chats, or other materials on or through the Services (“User Content”), you grant Body by Thor LLC an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content on the Services. Body by Thor LLC does not need any further approval for its uses of your User Content.

Third Party Content, Services, Applications, and Tools

The Services may include links to, or content from, third-party websites, resources, services, applications, tools, or other functionality provided by third parties (“Third Party Content”). If you choose to use or view such Third Party Content, your Personal Information may be disclosed to third parties. These third-party providers may request that you agree to separate privacy policies and terms of use that are different than Body by Thor LLC’s terms. You should read any such policies before using or viewing Third Party Content. Body by Thor LLC does not control and is not responsible or liable for Third Party Content. Body by Thor LLC makes no representations or warranties concerning Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading, or otherwise objectionable. Body by Thor LLC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content.

Copyright Infringement Notification

Pursuant to the Digital Millennium Copyright Act (“DMCA”), Body by Thor LLC’s designated agent (“Copyright Agent”) receives notices of claimed copyright infringement. If you, or an agent authorized to act on your behalf, believe in good faith that your work is on the Services in a way that constitutes copyright infringement, please provide written notice to Body by Thor LLC's Copyright Agent by email to Info@BodybyThor.com or by mail to Body by Thor LLC, 4820 31st Street South, Suite A, Arlington, VA 22206, Attn: Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on the copyright owner's behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of where the copyrighted work is located on the Services, including if possible a URL;
4. Your address, telephone number, and email address;
5. A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
6. A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

In accordance with the DMCA, Body by Thor LLC may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled. Body by Thor LLC reserves the right to terminate members who post infringing work.

Account Information

Passwords and Security

Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by you. You agree to immediately notify Body by Thor LLC of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.

Accuracy of Personal Information

You represent and warrant that all information provided to Body by Thor LLC through the Services is current, accurate, complete, and truthful, including all initial or updated registration or membership information, such as your legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Body by Thor LLC through the Services for payment of any services or transactions.

User Conduct

Termination of Use

Body by Thor LLC may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.

Inappropriate Use

You will not post, submit, transmit, email, upload, share, store, or otherwise make available any User Content that, in Body by Thor LLC’s judgment:

• Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive, or improper;
• Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
• Violates any contract or agreement you have with Body by Thor LLC;
• Includes personal or identifying information about another person without that person's affirmative consent;
• Is false, fraudulent, misleading, or deceptive;
• Constitutes or contains any form of commercial advertising, marketing, solicitation, or promotion, including messages and links for commercial purposes or benefits and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
• May interrupt, limit, overburden, damage, impair, destroy, or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).

If you believe any User Content does not comply with these guidelines, please contact us at Info@BodybyThor.com.

Your Warranty and Indemnification Obligations

Assumption of Risk and Waiver of Liability

There are risks inherent in accessing and using the Services, including loss, theft, breach, misuse, or unauthorized use of personal information. You expressly assume these risks, will access and use the Services at your own risk, and waive any and all claims against Body by Thor LLC, and its affiliates, officers, employees, agents, partners, and licensors, related to such access or use (including claims on behalf of minors) for any damage, loss, or injury of any kind sustained by you or any person caused as a result of Body by Thor LLC's negligence. This does not waive claims resulting from gross negligence, willful misconduct, or reckless disregard, unless prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Body by Thor LLC and its affiliates, officers, employees, agents, partners, and licensors, from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting, whether directly or indirectly, from your violation of this agreement. You also agree to indemnify and hold harmless Body by Thor LLC and its officers, employees, agents, partners, and licensors, from and against any and all claims brought by third parties arising out of your use of the Services in breach of this agreement or the User Content you make available via the Services by any means, including without limitation through a posting, a link, reference to User Content, or otherwise, unless prohibited by applicable law.

Disclaimer of Warranties

You are accessing the Services on an “as is, where is, and as available” basis. Body by Thor LLC is not responsible for problems arising from, or inadequacies in the content of the Services or any particular features or services offered. Body by Thor LLC does not represent or warrant the accuracy, adequacy, or completeness of the information, materials, and services on the Services or the error-free use of the Services. Body by Thor LLC is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, problems or traffic congestion on the internet, including injury or damage to users and/or members or to any other person's computer related to or resulting from access to or use of the Services. Body by Thor LLC is providing the Services without warranty of any kind, either express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from a computer virus. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Limitation of Liability

In no event will Body by Thor LLC and its affiliates, officers, employees, agents, partners, and licensors be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your access to or use of the Services, your inability to use or malfunctions of the Services, statements or conduct of any third party relating to the Services.

Arbitration Agreement with Class Action Waiver

Mandatory Binding Individual Arbitration

Except as expressly provided below, Body by Thor LLC and you (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions

We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial

We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Claims Not Subject to Arbitration

There are only three exceptions to this Arbitration Agreement:

1. Small Claims: Either party may bring individual Claims in small claims court.
2. Personal Injury Claims: Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
3. Emergency Equitable Relief: Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Arbitration Procedures

Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Arbitration Providers

Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.

Arbitration Rules

The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

Arbitration Location

The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time, and place of any oral hearings).

Fees

Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award

The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law

This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

Waiver and Severability

To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. Body by Thor LLC’s failure to exercise or enforce a legal right, remedy, or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.

Contact Us

If you have any questions about these Terms, please contact us:

Email: Info@BodybyThor.com
Phone: (703) 652-9426
Address: 4820 31st Street South, Suite A, Arlington, VA 22206, USA