Medical Breakthrough Massage Chairs, LLC ("Medical Breakthrough," "we," or "us") welcomes you to our website, services, products, and applications ("Medical Breakthrough Products" or "Products"). By using our Products, you agree to be bound by these Terms of Use.
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“TERMS,” “TERMS OF USE” OR “AGREEMENT”) CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY AND YOUR INDEMNITY TO US. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This is a contract between you and Medical Breakthrough Massage Chairs LLC, based at 24971 Avenue Stanford, Santa Clarita, CA 91355. By ac- cessing our website or using our Products, you agree to these Terms.
By using any of our Products, whether by browsing, creating an account, or purchasing a product, you agree to these Terms. If you do not agree to these Terms, you should discontinue using the Products immediately.
We may modify these Terms at any time. If we make material changes, we will notify you via email or by updating these Terms on our website. Your continued use of the Products after the changes are effective indicates your acceptance of the changes.
To use certain features, you may be required to create an account. You agree that the information you provide is accurate and up-to-date. You are responsible for safeguarding your account information.
We grant you a limited, non-exclusive, non-transferable license to access and use the Products for personal, non-commercial purposes. Any resale, reproduction, or redistribution of the Products without express written permission is prohibited.
You may not copy, reverse-engineer, distribute, or modify any content on our website or Products without written permission.
You agree to use the Products in compliance with all applicable laws and regulations. You may not engage in any activity that disrupts the oper- ation of our website or products.
When you place an order with us, you are offering to purchase a product. Orders are subject to availability, and we reserve the right to refuse or cancel orders at any time.
You agree to provide accurate payment details. All transactions are in U.S. dollars unless stated otherwise.
We may run promotions or contests from time to time, subject to additional terms and conditions. Please review those terms before participating.
Our Products are provided "as is" without any warranties. We are not liable for any damages resulting from the use of our Products beyond the amount paid for the product.
By submitting reviews, suggestions, or any content, you grant us a non-exclusive, royalty-free, perpetual right to use, modify, and distribute your submission.
You and Medical Breakthrough Massage Chairs LLC agree to resolve, by binding individual arbitration as provided below, all disputes (including any related disputes involving Medical Breakthrough Massage Chairs LLC's affiliates, subsidiaries, or related entities) except for: (i) any claim within the jurisdiction of a small claims court consistent with its dollar limits, as long as it is an individual dispute; and (ii) any dispute regarding the ownership or enforcement of intellectual property rights. "Dispute" includes any claim, dispute, or controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and Medical Breakthrough Massage Chairs LLC concerning its products, these Terms, or the agreement to arbitrate itself.
Neither you nor Medical Breakthrough Massage Chairs LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other representative proceeding. Both you and we agree not to file a class action or seek relief on a class-wide basis. No arbitration or pro- ceeding can be combined with another without the prior written consent of all parties involved in the arbitrations or proceedings. If this waiver of class or representative actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration, and all disputes will be resolved in court.
Subject to applicable jurisdictional requirements, either you or Medical Breakthrough Massage Chairs LLC may elect to pursue a dispute in local small claims court rather than through informal dispute resolution or arbitration, so long as the matter remains an individual dispute and proceeds only in small claims court. If a party has already initiated an arbitration, the other party may inform the arbitration forum that it chooses to have the dispute heard in small claims court instead. The arbitration forum will then close the arbitration and the dispute will be transferred to the appropriate small claims court.
In the event of a dispute, you and Medical Breakthrough Massage Chairs LLC agree to attempt to avoid formal dispute resolution costs by giving each party a fair opportunity to resolve the dispute informally. Except for disputes eligible for small claims court or involving intellectual property, the party raising a claim must send the other party a written notice describing the dispute, including: (1) the party's name, address, and contact information, (2) detailed facts of the claim, and (3) the specific relief sought (including any calculated damages). You must send any notice of a dispute to: Medical Breakthrough Massage Chairs LLC, 24971 Avenue Stanford, Santa Clarita, CA 91355, Attention: Legal. Medical Breakthrough Massage Chairs LLC will send any notice to the contact information it has on file for you.
Both parties will attempt to resolve the dispute within sixty (60) days from when the notice is sent. This informal negotiation must include an individual meet-and-confer in person, or via teleconference or videoconference, which addresses the dispute only. If either party is represented by counsel, that counsel may participate, but the party must also participate directly. Medical Breakthrough Massage Chairs LLC will participate through one or more representatives, including counsel if needed. After sixty (60) days, and after completing the meet-and-confer, either party may proceed to initiate arbitration if the dispute remains unresolved.
Note: This paragraph does not prohibit informal communications during or after the process, nor does it affect a party's right to pursue small claims court as outlined in Section A.
If informal dispute resolution does not resolve the dispute, the matter shall proceed to binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs this arbitration agreement.
Any arbitration demand must be filed with ADR Services, Inc. (https://www.adrservices.com/) . If ADR Services is not available, the arbitration will be conducted by National Arbitration and Mediation (NAM) (https://www.namadr.com/). The arbitration will be conducted according to the rules of the selected arbitration forum, except to the extent those rules conflict with this agreement.
The arbitration will be overseen by a single, neutral arbitrator. Arbitration may be conducted in person, by documents, phone, or online. If a hearing is required, it will take place in Los Angeles, California, or in your hometown area if an undue burden to travel is demonstrated. You and Medical Breakthrough Massage Chairs LLC agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California to compel arbitration, confirm, modify, vacate, or enter judgment on the award by the arbitrator.
The arbitrator may award any relief that a court could, including declaratory or injunctive relief, but only to the extent necessary to satisfy an individual's claim.
If Medical Breakthrough Massage Chairs LLC initiates arbitration against you, it will cover all associated fees. If you initiate arbitration, you are responsible for the non-refundable initial filing fee and other applicable fees as required by the arbitration service. If the arbitrator finds that a claim violates Federal Rule of Civil Procedure 11, they have the authority to award sanctions consistent with that rule.
Ten (10) calendar days before the arbitration hearing, either party may serve a written offer of judgment to settle on specific terms. If accepted, the offer will be submitted to the arbitrator for entry of judgment. If the offer is not accepted and the rejecting party fails to obtain a more favorable outcome, that party will not recover post-offer costs and must cover the offering party's costs from the time of the offer.
This arbitration agreement survives the termination of your relationship with Medical Breakthrough Massage Chairs LLC, including the end of your use of Medical Breakthrough's products or services.
You may opt out of this arbitration agreement via mail. If you opt out, neither you nor Medical Breakthrough Massage Chairs LLC can force the other to arbitrate disputes. To opt out, you must notify us in writing no later than thirty (30) calendar days after first being subject to this arbitration agreement. If you opt out of arbitration but not the class action waiver, the class action waiver still applies. Your opt-out notice must include your name, address, and a statement indicating your intent to opt out of the arbitration agreement. Send your notice to: Medical Breakthrough Massage Chairs LLC, 24971 Avenue Stanford, Santa Clarita, CA 91355, Attention: Arbitration Opt-Out. For clarity, opt-out notices submitted via email will not be valid.
These Terms are governed by and construed in accordance with the laws of the State of California.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce such provisions in the future.
These Terms constitute the entire agreement between you and Medical Breakthrough with respect to the use of our Products and supersede any prior agreements, whether written or oral, regarding such subject matter.
The provisions of this Agreement regarding Arbitration, Class Action Waiver, Governing Law, Severability, and Disclaimers and Limitation on Liability will survive any termination of your access to or use of the Products.
By using Medical Breakthrough Products, you agree to these Terms. If you do not agree to these Terms, please discontinue use immediately. For any questions or concerns regarding this agreement, you may contact us at 24971 Avenue Stanford, Santa Clarita, CA 91355.
Last Updated: September 20, 2024
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