IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING

Welcome to the Gentle Stretching website - https://gentlestretching.net/ and the Gentle Stretching App (hereinafter, “the App/Website” or “our Website”), owned and operated by RK Exercises For Injuries Corp. (EFI) Dba Gentle Stretching (hereinafter "Company," "Our," "We," or "Us"). Please note that the terminology used in this document may be in singular or plural form or capitalized, and these terminologies can be used interchangeably as needed.

Our website includes browsing and reading content, an e-commerce store section for purchasing products from our online store, the Gentle Stretching App, various content, tools, resources, social networking features, and third-party content (hereinafter collectively referred to as the "Services.  The following Terms of Service (hereinafter, "Agreement") govern the access to our website and the use of the Services. These conditions create a legally binding agreement between you and Us, outlining the rules and regulations for our website. Please review the Agreement carefully. If you disagree with the Agreement, you are not authorized to access, use or purchase products from our website.

2.1 Accessing our website and using our Services means you agree to be bound by the Associated Agreements without modification. When you access and use our website, you agree to be bound by this Agreement and the Associated Agreements. If you disagree with the terms of this Agreement and the Associated Agreements, you are not allowed to use our website, purchase our products, or subscribe to our services. In such a case, you must leave the website and stop using it immediately.

2.2 Confirmation of Legal Age: By using our website and entering into this Agreement, you confirm that you are an adult of legal age, understand and accept this Agreement, and are legally and financially responsible for all actions taken using or accessing this App/Website. Minors need parent/guardian consent to use our Services. No consent, no use.

2.3 Consent to Privacy Policy: By accepting and agreeing to this Agreement, you also consent to our Privacy Policy (which forms part of the Associated agreements). Our privacy policy outlines the types of data we collect from you and your devices, how we use your data, and the legal bases we have to process your data.

2.4 Modification: We may modify this Agreement and the Associated Agreements at any time, and if we do, we will update the modified Terms or Agreement(s) on our website. Please review any revised Terms or Agreement(s) before you continue using our Website, Products and Services. If you continue to use our Website, Products and Services, you are bound by the modified Terms or Agreement(s). If you disagree to be bound by the modified Terms or Agreement(s), you may not use our Website, Products and Services. By using our Website, Products and Services, you represent that you are at least 18 years old and that all information you submit is correct.

New products or offers are subject to the posted agreement at the time of purchase. We are not responsible for any issues with website use or product acquisition.

2.5 Termination for Breach: You agree and acknowledge that we reserve the right to suspend or terminate your account and restrict your access to services if you breach this Agreement and the Associated Agreements. You agree and acknowledge that we reserve the right to remove any information or content related to our website without prior notice and at our sole discretion.

3.1. The material available on our website, which includes text, graphics, images, videos, audio, software and other related materials (collectively known as "Content"), is the exclusive property of RK Exercises for Injuries Corp. (EFI) Dba Gentle Stretching or our licensors and is protected by Canadian and international copyright laws.

You can access and download one copy of the material on our website for personal, non-commercial use. Please include the following copyright notice: "Copyright 2024, Gentle Stretching. All Rights Reserved," and any other copyright and proprietary rights notices in the Content. Special rules for using provided software may appear on the Website and are part of these Terms and Conditions.

If you use the content in any way not explicitly allowed by these Terms and Conditions, you are violating these Terms and Conditions, and You may be breaking copyright, trademark, or other laws. We reserve the right to change or stop any content or features at any time, without notice, at our discretion. All rights not explicitly granted here are reserved for us and our licensors.

It is strictly prohibited to use any of our trademarks, commercial names, or other distinguishing marks, including the website. Any such unauthorized use will result in immediate legal action.

THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO US CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.

We understand that your personal information is important to you, and we want you to know that we take the privacy and security of your information very seriously. Our team has implemented appropriate measures to ensure your personal information is safe and secure. To provide our services, we may need to collect your personal information, such as your name, email address, and other contact details. We assure you that this information is only used to provide our services and is not shared with any third parties except as required by law or to provide necessary support.

The information on our website is provided for informational and educational purposes only and does not substitute (nor is it intended to substitute) for professional medical advice, diagnosis, or treatment. The exercises may contain only a portion of information relevant to your circumstances and are simply examples of exercises used as a part of a custom and comprehensive home exercise program designed by a physician or other qualified healthcare provider. You should always seek the advice of a qualified healthcare provider before beginning any exercise or treatment program. You should only use this information and the products provided in conjunction with the guidance and care of your physician or other qualified healthcare provider. Please consult your physician before taking any supplements from our website. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding your health or medical condition.

We are not liable for any injuries or damages from using our products or services. Using any treatment or advice on our website is solely at your own risk. While our products and services may be helpful for some people, there is no guarantee that they will be effective for every individual, and results may vary.

Our website's information about our products is only meant for United States and Canadian residents. Also, our website and its links may include information about products unavailable in certain countries, territories, or regions (including the United States and Canada). However, they may be available under different trademarks in other countries.

If you have questions or require assistance, please submit a Ticket Request  or call +1 (888) 853-2443 (toll-free in the USA and Canada)

Our company's foundation is built upon ensuring our clients' satisfaction. In case of any conflicts, we strive to resolve the issue economically and benevolently as soon as possible. Kindly refer to our Refund and Cancellation policies to familiarize yourself with the terms governing cancellations and refunds. 

10. General Prohibitions

While using our website, you must agree not to engage in the following activities:

i. Please refrain from posting, publishing or transmitting any false or misleading content, defamatory, invading someone's privacy, or obscene, pornographic or offensive. Additionally, content that promotes bigotry, racism, hatred or harm against any individual or group, infringes on someone's rights, including intellectual property rights, or violates any applicable law or regulation is strictly prohibited. Any such content can lead to civil or criminal liability and should be avoided.

iii. Do not attempt to probe, scan, or test any system or network, nor try to breach any security or authentication measures.

iv. Do not use engines, software, tools, agents, devices, or mechanisms to access or search our website or content other than those we provide or other generally available third-party web browsers.

v. Do not send unsolicited emails, junk mail, spam or chain letters, or any promotional advertising for products or services.

vii. Do not attempt to decrypt, decompile, disassemble or reverse engineer any software used for our or its content.

viii. Do not interfere with the access of any user, host, or network. This includes sending viruses, overloading, flooding, spamming, or mail-bombing our website.

ix. Do not collect or harvest personally identifiable information from our website, including account names, email addresses, or other contact information.

x. Do not share any content that violates the intellectual property rights of others.

 11. Consent to Electronic Communications:

By using our website, you consent to receive electronic communications from us. These communications may include notices about your account and information related to our website. You agree that any electronic communication sent by us will satisfy the legal communication requirements of any jurisdiction. You are responsible for paying all fees charged by your telecommunications service provider or any other service provider related to your use of our website or access to any information within our website. These fees include any SMS/text messaging and data usage.

You warrant that you are the owner or authorized user of the mobile phone number you provided. You agree that you will notify us immediately if you are no longer the owner or authorized user of the mobile number.

12.1 Inbound Links

Under no circumstances may you establish a link to our website, including but not limited to deep linking, without our express written consent.

12.2 External Links 

Please note that our website may include links to web pages we do not operate, and different terms of use may apply. We have no control over any third-party websites, nor do we own, manage, supervise, or endorse them in any way. Therefore, we are not responsible for any content or activity on these sites. Please note that we cannot be held accountable for the privacy practices or content of any third-party websites you may link to from our site. Understanding that using these third-party websites is entirely at your own risk is essential. Once you click on a link to another site, you will be subject to that website's policies and terms of use. We recommend reviewing the Privacy Statement of any third-party website before entering any personal information to ensure your safety while browsing.

13. Maintenance and Updates

From time to time and without notice, we may update our website for many reasons, including but not limited to 

(a) to maintain compliance, 

(b) to fix bugs or problems in previous and present versions and 

(c) to enhance functionality or features.

Please note that we cannot guarantee that updates to our website will not impact your use or introduce new, unknown bugs. Furthermore, we cannot be held responsible for any adverse consequences arising from code updates that we do not provide. Any costs or efforts required to restore functionality will be your responsibility.

14. Submissions

By using this site, you agree that any content, remarks, suggestions, ideas, graphics, or other information you share with our Company (hereinafter known as the "Submission") will become the property of our Company. You grant our Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission in any form, media, or technology now known or later developed. Our Company may use the Submission for business purposes without incurring any liability for royalties or other considerations. Our Company will not be required to keep the Submission confidential and may use it freely without any liability due to any similarities that may appear in future Company operations. When you submit personal information on this site, our Company will handle it following our Privacy Policy.

15. Marketing

At Gentle Stretching, we ensure our website users have the best experience possible. Please be assured that any information we collect is used exclusively to improve your experience on our website and to personalize our marketing efforts to suit your preferences better. When you use our website, you agree to allow us to use analytics services and gather your information per the terms stipulated in our Privacy Policy. We take your privacy seriously and will always make reasonable efforts to comply with the relevant laws and regulations governing data collection and usage.

15.1 Email Marketing: We value our customers and want to inform them about special offers and promotions. By opting in during the ordering process, you will receive up to five daily promotional emails from us. You can easily unsubscribe from these emails anytime by clicking the "unsubscribe" link at the bottom of the email or by following the instructions provided in the email. We will use your email address solely to send promotional emails. 

Your email will never be shared or sold to third parties without your consent. We are committed to complying with data privacy and email marketing laws, including the CAN-SPAM Act of 2003 and the CASL, and we ensure compliance with these laws. Please be aware that although we aim not to send out excessive promotional emails, we have revised our policy to specify the maximum number of emails you may receive per day if you opt-in for our promotional emails. We carefully design our email marketing campaigns to keep you informed about our latest products and services, and we always strive to ensure they are transparent, fair, and compliant with all applicable laws and regulations.

15.2 SMS Marketing: Our Company values our customers highly and strives to offer them the best possible service. As part of this commitment, we may send promotional text messages to customers who have opted in during their order process. We understand the importance of respecting your privacy and obtaining your consent, so we will only send promotional messages to customers who have agreed to receive them. Please note that we will only send up to 5 weekly SMS promotional messages.

We may send SMS messages for after-sales support to provide the best possible service. These may include updates on orders, delivery notifications, and other important information related to your purchase. You consent to use your phone number by agreeing to receive these messages.

Please be informed that customers might receive up to five follow-up text messages within 14 days, depending on the number of products purchased. If you do not wish to receive any promotional text messages, you can respond with the word "STOP" to the message or contact us directly. We emphasize complying with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and other laws governing text message marketing. We designed our marketing practices to be transparent, equitable, and compliant with all applicable legal requirements. We take all necessary steps to ensure our SMS marketing campaigns meet all legal requirements. Don't hesitate to contact us with any questions or concerns regarding our SMS marketing practices.

16. Disclaimer of Warranties 

The website and its components are provided "as is" without express or implied warranty. We cannot guarantee the accuracy of this website's information and description of services or products. We also disclaim all liability for any errors or inaccuracies relating to such information. Please note that you agree to use our website, content, and services at your own risk. We are not responsible for inaccurate information or guarantee the quality of any product or service obtained from third parties with whom we have an affiliate relationship. Limitations on implied warranties may apply in some jurisdictions.

As our website operates over a medium outside of our control and jurisdiction, we cannot be held liable for any delay, failure, interruption, or corruption of data or information transmitted during the use of our website. To the maximum extent permitted by law, Gentle Stretching, its licensors, and its suppliers deny all warranties, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. Gentle Stretching, its licensors, and its suppliers do not guarantee the accuracy, reliability, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through our website.

17. Liability

We, along with our licensors, suppliers, and any third parties mentioned on our website, cannot be held responsible for any damages, including but not limited to incidental and consequential damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption." This clause applies whether or not we are advised of the possibility of such damages and whether the claim is based on warranty, contract, tort, or any other legal theory. Please note that the use or inability to use our website or the content is at your own risk.

We are not liable for any personal injury, including death, caused by your use or misuse of our website or content. Please note that you must bring any claims arising in connection with your use of the Website or any Content within one (1) year of the date of the event giving rise to how such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

18. Children 

Our website and its associated products are for use by individuals at least 18 years old or who have reached the age of majority in their respective jurisdiction. By accessing this website, you confirm that you are at least 18 years old or have attained the age of majority and agree to provide accurate and complete information when prompted. We reserve the right to refuse any order at our sole discretion without explanation.

19. International Users: 

We do not represent that the information on our website is appropriate or available for use in locations outside of the United States and Canada. Accessing our website from territories where content may be illegal or inappropriate is prohibited. Those who access the website from other locations do so at their initiative and are solely responsible for compliance with local laws and regulations, including intellectual property rights. 

20. Export Laws

The website is subject to export controls and economic sanctions laws in the U.S. and Canada. You represent and warrant that:

i. You are not located in, or a national or resident of, any country under an embargo by the United States, United Kingdom, European Union, Australia or Canada for goods and services of the same type as on our website. These countries include, but are not limited to, Cuba, Iran, North Korea, Sudan, and Syria.

These Terms and Conditions will be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles. Both parties agree to abide by the Arbitration and Actions Section mentioned below. They also agree to waive any objections based upon venue and submit to the jurisdiction of the Province of British Columbia courts. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms and Conditions.

22. Arbitration and Actions 

Unless prohibited by applicable law, any disagreement, claim or dispute arising from or related to these Terms and Conditions, your use of the website or the relationship resulting from these Terms and Conditions (including, but not limited to, the execution, breach, enforcement, existence or validity of the matters provided in these Terms and Conditions) that both parties (“You” and “Us”) cannot resolve amicably, will be resolved through private and confidential binding arbitration in Kelowna, British Columbia. The arbitration will be conducted in English and governed by British Columbia law under the Arbitration Act, 1991 (British Columbia) or its amendments. A single arbitrator will preside over the arbitration to the exclusion of the courts.

The arbitrator must be an independent legal professional with experience in the Canadian information technology industry. You agree that You will resolve any claim that you may have against us through an individual arbitration process. This preceding statement means that You cannot combine your claim with any claim, controversy, or dispute that any other party may have. You agree to give up any right you may have to start or participate in a class action lawsuit against us regarding any such claim.

Also, where applicable, you agree to opt out of any class proceedings against us. Notwithstanding the preceding, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

23. No Class Actions 

To use our website and purchase our products, you must agree to resolve any disputes with us individually. You cannot bring a claim against us as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations. This condition is necessary for all users to use our website or services. You, as a result of this, consent to this condition.

24. Waiver of Jury Trial

You acknowledge that, to the fullest extent permitted by law, you are waiving your right to a trial by jury for any claims or issues that arise with these Terms of Service, including any breaches or fraudulent inducement claims. This waiver applies to both contract and tort claims. You acknowledge that if any of the provisions of this paragraph are currently unenforceable under applicable law, both parties intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision will remain in full force and effect regardless of any termination of your use of our website.

 

26. General Provisions:

 

About the Gentle Stretching Essentials VIP Access Packaging & Monthly GSE Gold VIP Access

Gentle Stretching Essentials (GSE) Gold VIP access 

The Gentle Stretching Essentials (GSE) Gold VIP access is only $1 for the first 14 days. As a member, you gain full digital access to Gentle Stretching Essentials video and blog content using the Gentle Stretching App - https://Gentle-Stretching.passion.io/. 

How It Works:

• We will send your GSE Gold VIP access login details to the email address you used for your order. 

• After the trial period, your subscription will renew automatically for USD 59.45 per month until you cancel it.

• The GSE Gold VIP access offers a 60-day money-back guarantee with no questions, no hassles and no iron-clad commitments. If unsatisfied, you can easily and quickly cancel your VIP access by calling or sending an SMS. Please get in touch with us by calling +1 (888) 853-2443 or by submitting a Ticket Request.

GSE Platinum VIP Access

The Platinum VIP Access for Gentle Stretching Essentials (GSE) provides complete digital access to the Gentle Stretching Essentials Video and Blog Content. Moreover, the package includes six (6) Gentle Yoga Monthly DVDs. You will receive one of these DVDs every month for six months.

The Gentle Yoga Monthly DVDs offer various programs tailored to help you in different ways. Many of these programs include multiple routines, with access to digital videos and manuals. These routines demonstrate how to perform each program in various physical positions. You can access Gentle Stretching Essentials and Gentle Yoga Monthly videos and manuals using the Gentle Stretching App. - https://Gentle-Stretching.passion.io/. 

How It Works:

• We will send your login details for GSE Platinum VIP access will be sent to the email address used for your order.

• The Platinum monthly VIP access fee is USD 74.11 per month (billed immediately on your purchase date). You will receive email notifications about your order and the tracking details of your DVD. You should expect your 1st DVD in the mail in a few days. 

• If you don't cancel your VIP access, we'll send out your monthly DVD once every 30 days for six months. Your subscription will automatically renew every month until you decide to cancel. 

• The GSE Gold VIP access offers a 60-day money-back guarantee with no questions, no hassles and no iron-clad commitments. If unsatisfied, you can easily and quickly cancel your VIP access by calling or sending an SMS. Please get in touch with us by calling +1 (888) 853-2443 or by submitting a Ticket Request.

Cancellation Policy

We reserve the right to refuse or cancel a VIP access/order for any reason. If we refuse a new or renewing VIP access, we will offer a refund to the member, if applicable. If you wish to cancel your VIP access before the end of your trial period, please submit a Ticket Request. To contact our support team, call us at +1 (888) 853-2443, toll-free in the USA and Canada. We'll take care of your request without asking any questions. Please give us at least two business days' notice before your next monthly VIP access payment to avoid future billing.

You won't be charged if you cancel your VIP access during the trial period. However, if you cancel after the trial period, you can still request a refund within 60 days of your initial payment. But after these 60 days, you won't receive a refund for any partial months of your VIP access, as they are non-refundable. 

Also, please note that only the member or credit card holder can request a refund. When requesting a refund, please provide the name and email address associated with the purchase, along with the purchase or transaction number. If your refund request is approved, the refunded amount will be credited back to the original credit card used for the payment. Unless specified otherwise in the corresponding program materials, these policies apply to all Gentle Stretching products and VIP access. We urge you to review the individual program information meticulously and read all the details.

Return and Refund Policy

We provide a 100% satisfaction guarantee, or you can receive a full refund. If you are unsatisfied with our product, you can request a refund without any questions within 60 days of the order date. We may deny a refund if we suspect fraud or a violation of our terms.

Refund Request procedures:

1. Please contact our Support Team before you return anything. You can call/send us an SMS at +1 (888) 853-2443 or submit a Ticket Request describing the issue, including the reason for returning the item, your order number, and what product you ordered. Please include your name and email address.

2. For physical products:

Contact Us

Gentle Stretching:

Email:  Submit a Ticket Request

Address: Gentle Stretching
#152113 - 437 Martin Street
Penticton, BC, V2A 5L1
Canada 

By Phone & SMS: +1 (888) 853-2443 (toll-free in the USA and Canada)

Make sure to visit our website: https://GentleStretching.net/

 

Terms of Service were updated on 9th October 2024