Terms and Conditions of Site Use

1. Application of these conditions of use

By accessing or using any part of the Re-Balance web site you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the Re-Balance web site.

We may change these conditions at any time without any notice to you. By your continued access and use of the Re-Balance web site you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Copyright and database right

Except where otherwise noted, Re-Balance owns legally and beneficially all the intellectual property rights in the content of all the Re-Balance web site web pages (including the design, text, graphics and arrangement thereof).

3. Trademarks

"The Re-Balance web site" and "Re-Balance" are service marks of Re-Balance. Re-Balance™ is a trademark of Re-Balance. All other trademarks, product names and company names or logos cited anywhere on the Re-Balance web site are the property of their respective owners.

4. Permitted uses

No materials from the Re-Balance web site may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way except as is necessary in order to make use of the Re-Balance web site.

Re-Balance takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.

5. No licence

Except as expressly provided, nothing contained in these conditions or anywhere on the Re-Balance web site shall be construed as conferring any licence under any of Re-Balance's or any third party's intellectual property rights.

6. Disclaimer of representations and warranties

The Re-Balance web site is provided by Re-Balance on an "as is" and "as and when available" basis to users. You use the Re-Balance web site at your own risk.

Re-Balance and its associated content provider organisations make considerable efforts to make information made available via the Re-Balance web site as accurate as possible but no warranty or fitness is implied.

Neither Re-Balance nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:

• that the Re-Balance web site will be uninterrupted or error-free;
• that the Re-Balance web site or the computer server from which the Re-Balance web site is made available, are free of viruses or other harmful components;
• to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through the Re-Balance web site.

Re-Balance makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:

• the Re-Balance web site, its content, merchandise, services, documents, information, items or materials provided by Re-Balance in connection with the use of the Re-Balance web site; or
• any goods or services or information received through or advertised on the Re-Balance web site or received through links provided on the Re-Balance web site;

including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.

No oral advice or written information given by Re-Balance or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.

7. Limitation of liability

Neither Re-Balance nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.

Under no circumstances will Re-Balance or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Re-Balance web site be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

• the use and reliance on the Re-Balance web site; or
• the inability to use the Re-Balance web site; or
• mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to the Re-Balance web site including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Re-Balance's records, programs or services; or
• merchandise, products or services received through or advertised on the Re-Balance web site and merchandise, products or services received through or advertised on any links provided on the Re-Balance web site; or
• information or advice received through or advertised on the Re-Balance web site and information or advice received through or advertised on any links provided on the Re-Balance web site; or
• any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using the Re-Balance web site.

Re-Balance is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Re-Balance is done at your own risk and Re-Balance shall not be responsible or liable for any damages or injury that may result from transmitting such information.

If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

8. Miscellaneous

These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Re-Balance with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

9. Jurisdiction and governing law

These conditions shall be governed by and construed in accordance with the laws of England. Re-Balance controls the Re-Balance web site from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing the Re-Balance web site you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Re-Balance web site. You and Re-Balance also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of the Re-Balance web site accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.

Contact Information

If users have any questions or suggestions regarding our Terms and Conditions of Site Use, please contact us.

Last revised: 16/10/2007