OUR TERMS & CONDITIONS
CerviPedic holds the right to revise these Terms whenever it wishes by updating this post. Please review these Terms each time you use the Site because your use of the Site after the making of any changes, will constitute your agreement to the changes.
We hold the right to revise the products and services available on the Site and to alter or discontinue any part of the Site and we will not be liable to you or to any third party for doing so. Your continued use of the Site will constitute your acceptance of any such changes.
1 – THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. The anatomical and physiological information contained on this site is intended as general information only. It is not intended to replace the advice of health care professionals, or to be relied upon in lieu of the advice of health care professionals. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. If you suffer from neck or back pain and require treatment advice specific to your personal medical condition, CerviPedic recommends that you consult with a qualified health care professional.
2 – We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, sales staff, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. The site is intended for healthy adults only. Subscribers must be 18 years or over.
3 – The use of this website does not create a professional-client relationship (including relationship between Subscribers and sales agents). Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
4 – If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
5 – Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition
6 – You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. You should NOT use any CerviPedic product if you have: fracture, spinal instability, spinal cord compression, serious pathology, disease or malignancy, implanted spinal hardware, have had spinal surgery, scute traumatic injury, sxtruded disc fragments, snflammatory disease and/or infections, spreading and/or aggravation of your symptoms, do not use if you are pregnant.
Do not use without first consulting your doctor. Specific joint, nerve, disc, vascular and other disorders or weaknesses can be aggravated and worsened.
7 – For any products purchased from this Site, you should read carefully all product packaging and instructions.
Use of the Site
You may use the Site only in compliance with these Terms. Its usage must be only for your own non-commercial personal use. You are held responsible for your communications, including the uploading and posting of information and are responsible for the consequences of such communications to the Site.
We require all Subscribers to agree not to use the Site for any of the following purposes:
- Posting any information which is inaccurate, untrue
- Posting information that is not your own
- Posting or communicating any material that infringes on any intellectual property or privacy right of another person or entity
- Engaging in conduct that would constitute a criminal offense
- Engaging in conduct that would give rise to civil liability
- Engaging in conduct that would violate any law or regulation
- Attempting to interfere in any way with the Site’s or CerviPedic’s network security
You are responsible for keeping the confidentiality of your account and password. You agree to notify us as soon as possible in the event of any unauthorized use of your account or other breach of security. You agree to accept responsibility for all communications that take place under your account or password.
In order to use our web site, you agree to give accurate, current and complete information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account. We reserve the right to refuse all current and future use by you of the Site. Account information about you is subject to the terms of our Site.
You agree to use our web site only for lawful purposes. You are prohibited from posting on or transmitting through our web site any unlawful, harmful, threatening, abusive, defamatory, obscene, sexually explicit, hateful, fraudulent, racially, ethnically, or derogatory remarks to another’s faith or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You may not libel or slander another person. Any verbiage that may be possibly understood to be defaming, libel or slanderous, at the sole discretion of the staff of CerviPedic, will be taken off the Site.
You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify social security numbers, account numbers, phone numbers, addresses or chain letters of any kind
Product Information; Limitation on Quantities
Not including some content which may be submitted by Subscribers, we strive to ensure that the information on the Site is complete and reliable.
Certain information may contain pricing errors, typographical errors and other errors which we may correct without liability. We also have the right to limit how much is purchased by users and to suspend or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that every product described on our Site will be available.
You acknowledge and agree that the content (other than content that may be submitted by Subscribers),graphics, trademarks, logos, button icons, music, software, materials, text, images, videos and other elements available on the Site are the property of CerviPedic (or any licensors) and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, publicly display, publicly perform, publish, distribute, copy, reproduce, transmit, adapt, edit, modify or create derivative works from any content or materials on the Site. The CerviPedic and Neck-Relief name and logos are registered trademarks. All of our Site’s content is Copyright under Method Simple Industrial Design Inc. DBA CerviPedic. All rights reserved.
CerviPedic does not make a claim to ownership of any materials that you make available through the Site. Any materials you submit on the Site, you grant CerviPedic a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-license such materials.
You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to text, images, music or video) to which you do not have the full right to grant CerviPedic the license specified above. You further warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. CerviPedic will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Site. The Site, and all content, merchandise, and other information on or accessible from or through this Site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. specifically, but without limitation, CerviPedic does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components or (3) the functions contained on this site will be uninterrupted or error-free
CerviPedic makes no warranties regarding any non-CerviPedic sites to which you may be directed or hyperlinked from this Site. CerviPedic makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- CerviPedic sites. CerviPedic does not warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site
In no event shall CerviPedic, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort, or otherwise, even if CerviPedic has been advised of or should have known of the possibility of such damages or losses.
In no event shall the total liability of CerviPedic, its affiliates or any of their respective officers, Directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to CerviPedic in connection with the event giving rise to such liability.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some States do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
CerviPedic is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. We recommend that you contact your customs office to inquire about import regulations before placing an order. CerviPedic will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can’t be delivered due to an address error, or orders seized by Customs.
Coupons & Discounts
Coupon codes are created by CerviPedic for additional savings during special promotional periods. Each code is set for single usage with an expiration date and a minimum purchase order at the discretion of CerviPedic.
CerviPedic reserves the right to review & refund and order deemed in excess of personal usage, including orders over $500 before discount applied. This offer is not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. Offers, discounts and coupons are subject to change without notice.
General Promotion and Promotional Code Terms:
Promotional codes are created by CERVIPEDIC for additional savings during special promotional periods. Each code is single usage with an expiration date and a minimum purchase order at the discretion of CerviPedic. Most codes are limited to new customers at www.CerviPedic.com and one per customer per purchase and valid for 30 days after being generated, unless expressly stated otherwise. CerviPedic reserves the right, in its absolute discretion, to determine your eligibility for any promotion. Promotional codes have no cash value and are not retroactive no price adjustments will be issued to orders placed prior to the start of any promotion. Promotional codes cannot be combined. Offers and discounts advertised on site without a code will be automatically applied and can be used in conjunction with a separate code.
CerviPedic may run promotions designed to attract new customers or increase sales. In connection with these promotions, any person that receives credits, coupons, promotional codes, prizes or other benefits from CerviPedic by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, promotional codes, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. CerviPedic reserves the right to refuse or alter any code or promotion at its discretion. The contents of this statement may be altered at any time, at our discretion.
Risk of Loss
Any goods purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Notice and Take Down Procedures
If you believe that your work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on our web site where the material that you claim is infringing your copyright interest is located;
- Your address, telephone number, and email address;
- A statement by you, made 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; The contact for notice of claims of copyright infringement on our web site can be reached as follows by email: [email protected]
Subject to applicable law, we reserve the right to deny your access to all or any part of our Site with or without notice. You agree that any termination of your access to our web site may be affected without prior notice, and agree that we may immediately deactivate your account and all related information and files in your account and bar any further access to such files. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our web site
If you have any questions about our privacy policies please contact us at [email protected]
How We Use Your Information
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
If you submit your email address to be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, special offers from CerviPedic and other partners along with site updates.
We use your feedback to improve our site and our organization. If you choose to provide information about yourself using a feedback, email form or live chat on our Web site, we will not use the information for any purpose other than to respond to your inquiry or to act on your suggestion or comment. We will not share your information with others except with your permission or upon your request.
Comments you voluntarily post on public forums on our Site will, of course, be displayed publicly along with the name you submit.
How We Protect Your Information
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
Children’s Privacy and Parental Controls
Information for those aged under 18. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
Cookies and advertising
Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. To support and enhance the Services, we may serve advertisements, and also allow third parties to serve advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We are not responsible for the privacy practices of these ad networks and other parties. Advertisements served through the Services may be targeted to users who fit a certain general profile category, which may be inferred from the information you provide to us, based on your Services usage patterns, or based on your activity on Third Party Services. We do not provide personal data to any ad networks for use other than in connection with the Services. To learn more about ad networks and to adjust your preferences, please click here.
Some of our business partners that collect information about your activities on our websites may be members of organizations or programs that provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising. For example, you may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting your country, and then click “Choices” (or similarly-titled link). Mobile app users may opt out of receiving targeted advertising in mobile apps through members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and select your choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
You may stop sharing your location data by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
The Site is controlled and operated by CerviPedic from the State of California, United States, and is not intended to subject CerviPedic to the laws or jurisdiction of any state, country or territory other than that of California, United States. CerviPedic does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Limitation of Liability
Under no circumstances shall CerviPedic or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if CerviPedic has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. The foregoing paragraph shall not apply to residents of new jersey. With respect to residents of new jersey, CerviPedic or its employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of CerviPedic’s negligent, fraudulent or reckless acts or intentional misconduct.
Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and CerviPedic. This allocation is an essential element of the basis of the bargain between you and CerviPedic. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
You and CerviPedic agree that in the event of any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the site, the purchase of products from CerviPedic, or the breach, enforcement, interpretation, or validity of these terms & conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these terms & conditions. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration is subject to very limited review by courts, but arbitrators can award the same damages and relief that a court can award. Notwithstanding the foregoing: (i) in lieu of arbitration, either you or CerviPedic can bring an individual claim in small claims court in the state of California, united states of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (ii) you agree that you or CerviPedic may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to CerviPedic, attention Legal Department, 31 E. MacArthur Cres. Ste E316, Santa Ana, CA 92707. If CerviPedic intends to seek arbitration, CerviPedic will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to CerviPedic, attention Legal Department, 31 E. MacArthur Cres. Ste E316, Santa Ana, CA 92707, and CerviPedic will send such copy to the current billing address on your account.
The arbitration will be conducted under the then current rules of the AAA. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be conducted in accordance with the rules of the AAA.
For claims of $50,000 (US Dollars) or less, CerviPedic will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. In the event that an arbitrator determines that your claim is frivolous, you must reimburse CerviPedic for all fees associated with the arbitration paid by CerviPedic on your behalf that you would have otherwise been obligated to pay in accordance with the rules of the AAA. For claims over $50,000 (US Dollars), you will be responsible for the Filing Fees. CerviPedic waives its right to seek attorney’ fees and costs in arbitration.
You agree that all matters relating to your access to or use of the site and all matters arising out of or related to the purchase of products from CerviPedic and/or these terms & conditions, including all disputes, will be governed by the laws of the federal arbitration act (faa), the applicable laws of the united states of america, and the laws of the state of California, without regard to California’s choice of law principles. Unless you and CerviPedic agree otherwise, in the event that it is determined or these terms & conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the united states of America) shall be resolved in the united states district court for the district of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the united states district court for the district of California for any such claim, then the exclusive forum and venue for any such action shall be the courts of the state of California located in Orange county, and you submit to the personal jurisdiction of that court. You and CerviPedic both waive your right to a jury trial, unless such waiver is unenforceable.
The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site, the purchase of products from CerviPedic and/or these terms & conditions will be resolved individually in the forum designated in this disputes section, without resort to any form of class action; and, (2) except for new jersey residents and where otherwise prohibited by law, any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless CerviPedic and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and CerviPedic with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contacting Customer Service
If you have any questions regarding refunds, billing, or future orders, please contact us at 888-788-1053 or send us an email to [email protected]