Terms & Conditions

1Who may use the Services

You must be at least 18 years old. By using the Services you confirm that you are.

The Services aren’t directed to children, and we don’t knowingly collect information from anyone under 18.

2Gardner Medical Corporation

Nsite, Inc. operates consumer wellness programs. It does not provide medical care.

Gardner Medical Corporation is a separate medical practice providing clinical services, which may include services billed to insurance or Medicare. It is not a party to these Terms, and nothing you buy from us creates a patient relationship with it.

The two operate separately. Your information does not move between them unless you ask and sign a separate written authorization naming exactly what will be shared and why.

If you want clinical evaluation, ask us and we’ll explain what’s involved. Declining changes nothing about your membership, your pricing or your access.

3What we are, and what we are not

The Services are educational and general wellness programs. They are not medical care, and we are not your healthcare provider.

Nothing in the Services diagnoses, treats, cures or prevents any medical condition. That includes the exercise programs, the exercise selection, the live group classes, the community, and the assistants.

Nothing in the Services is medical advice, and nothing in them should replace talking to a licensed healthcare provider about your health. If you have questions about your spine, your pain, or whether exercise is appropriate for you, speak to your own doctor.

We don’t guarantee any result. Not pain relief, not changes to your spine, not any particular outcome. Individual experiences differ.

4Assumption of risk

Exercise carries risk, including the risk of physical injury.

You participate voluntarily, and you assume the risks — including risks to your musculoskeletal and cardiorespiratory systems, and including risks that aren’t obvious in advance.

Before beginning, you should have your healthcare provider confirm that exercise is appropriate for you, particularly if you’ve had spinal surgery, have osteoporosis or any bone condition, are pregnant, or have any cardiovascular condition.

Stop any exercise that causes pain and tell us.

5The programs

The Foundations Program — a six-week self-guided program. You complete a short guided self-evaluation to identify where your own spinal curve sits, answer questions about which positions you can comfortably tolerate, and receive a sequence of exercises selected from our library based on your answers. You rate each exercise, and your recommendations adjust accordingly.

The Curve Specific Program — one-to-one coaching sessions with a Scoliosis Expert, who reviews your X-ray report, identifies your curve type, and selects exercises accordingly. Sessions are delivered over video and are recorded.

Live group classes — group exercise instruction with our Scoliosis Experts, delivered live over video.

The community — a members’ space for discussion and shared experience.

Mind & Body — guided audio recordings.

Empowered Relief — a self-paced session providing tools for managing pain.

The Bone Health Assessment — an optional assessment forming part of a research study. Participation is voluntary, requires separate consent, and affects nothing else about your membership.

Our Scoliosis Experts are exercise practitioners, not physicians. They are trained in scoliosis-specific exercise methods and certified through our own program. They do not provide medical care, diagnosis or treatment.

6Your account

You’ll create an account to access the Services. Keep your login details confidential — you’re responsible for what happens under your account.

Give us accurate information. If your account information changes, update it.

One account per person. Don’t share access.

7Payment, renewal and cancellation

One-time purchases. The Foundations Program is a single payment. It does not renew.

Subscriptions. Where a continuation option is offered and you choose it, it is a subscription — monthly or annual — that renews automatically at the end of each term, at the rate you signed up for, until you cancel. The specific terms, including price and billing frequency, are shown to you before you subscribe.

Cancelling. You may cancel at any time by emailing [email protected]. Cancellation takes effect at the end of your current term, and we’ll confirm it.

Refunds.

• Foundations Program: fourteen days from purchase, no questions asked
• Subscriptions: no refund on a term already begun. Cancel any time to prevent the next renewal
• Curve Specific Program: covered by the Action Based Guarantee you sign at enrollment

Curve Specific Program session terms — session counts, the one grace session per enrollment, the 24-hour cancellation notice requirement, forfeiture of credits, and the period during which sessions must be used — are set out in the Session Policy you sign at enrollment, which forms part of these Terms.

Prices may change. Changes don’t affect a term you’ve already paid for.

8What happens when your access ends

When your Foundations Program term ends, or a subscription is cancelled, your access to the Services ends. You won’t retain access to the program, the exercise library, live classes or the community.

Your account information is retained as described in our Privacy Policy, and you can ask us to delete it at any time.

Session recordings already sent to Curve Specific Program members remain accessible through the links we sent you.

9What you may and may not do

Use the Services for your own personal, non-commercial use.

Don’t:

• Share, resell, record, copy or redistribute any program content
• Share your login
• Use the Services for anything unlawful
• Upload anything that infringes someone else’s rights
• Harass or abuse other members, our staff, or our Scoliosis Experts
• Try to disrupt or gain unauthorized access to the Services

We may suspend or end your access if you do.

10Session recordings

One-to-one Curve Specific Program sessions are recorded so you can review them, and the recording is sent to you afterward.

By attending, you consent to that recording. If you’d rather not be recorded, tell your Scoliosis Expert before the session begins.

Recordings are for your own use. Don’t publish or redistribute them. You’re welcome to share them with your own healthcare providers.

11The community

What you post is visible to other members.

Be respectful. Don’t give other members medical advice, and treat anything another member shares as their personal experience rather than guidance for you.

We may remove content and may remove members.

Anything you post, you grant us a non-exclusive, royalty-free licence to display and distribute within the Services. You keep ownership.

12Our content

Everything in the Services — videos, text, graphics, audio, the programs themselves, trademarks — belongs to Nsite, Inc. or our licensors.

Your membership gives you access while it lasts. It doesn’t transfer ownership of anything.

13Access and availability

We’ll try to keep the Services available, but we don’t promise uninterrupted access.

We may change, suspend or discontinue any part of the Services. If we discontinue a program you’ve paid for, we’ll refund the unused portion.

14Third-party services

The Services use third-party platforms to operate — for hosting, payment, communication, community and video. Their terms apply to their part of the service.

Links to other sites are for convenience. We’re not responsible for them.

15Privacy

Our Privacy Policy explains what we collect and how we use it. Our Consumer Health Data Privacy Policy covers health information specifically.

16Disclaimers

The Services are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim all warranties, express or implied — including merchantability, fitness for a particular purpose, and non-infringement.

Some states don’t allow the exclusion of certain warranties. Where that’s the case, the exclusions above apply only to the extent permitted.

17Limitation of liability

To the fullest extent permitted by law, Nsite, Inc., its affiliates, officers, employees, contractors, Scoliosis Experts and technology partners are not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Services.

Our total liability for any claim is limited to the amount you paid us in the twelve months before the claim arose.

Some states don’t allow these limitations. Where that’s the case, they apply only to the extent permitted.

18Indemnification

You agree to indemnify and hold harmless Nsite, Inc. and the parties listed above from claims arising out of your use of the Services, your breach of these Terms, or your violation of anyone’s rights.

19Disputes, arbitration and class action waiver

19.1Talk to us first

Most problems can be sorted out without any of this. Before starting arbitration, you agree to tell us what’s wrong and give us a chance to fix it.

Email [email protected] with a description of the dispute and what you’d like us to do about it. We’ll do the same if we have a dispute with you, writing to the address on your account.

If we haven’t resolved it within 60 days, either of us may begin arbitration. This step is required, and the 60 days don’t count against any limitation period.

19.2Agreement to arbitrate

Except as set out below, you and we agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court.

This covers claims that arose before you accepted these Terms, and claims that arise after your membership ends.

Arbitration is less formal than a lawsuit. It uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited review by courts. The arbitrator can award the same damages and relief a court can, on an individual basis.

19.3What’s not covered

Either of us may:

• Bring an individual claim in small claims court, if it qualifies
• Seek injunctive relief in court to protect intellectual property or stop unauthorized access to the Services

Nothing here prevents you from reporting a concern to a government agency.

19.4How arbitration works

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. The Federal Arbitration Act governs this section.

Where. If you live in the United States, arbitration will be held in the county where you live, or by video or telephone, or through document submission only — your choice.

Costs. We will pay all filing, administration and arbitrator fees for any arbitration you begin, beyond the amount you would have paid to file in your local court. If the arbitrator finds your claim frivolous, you may be asked to reimburse those costs.

Each side pays its own attorneys’ fees, unless a law applicable to your claim provides otherwise, in which case the arbitrator may award them.

19.5Individual claims only

You and we each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding.

The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

If this paragraph is found unenforceable, then the entirety of this section 19 is void and any dispute will be resolved in court as set out in section 19.8.

19.6Your right to opt out

You can opt out of this arbitration agreement, and doing so won’t affect anything else about your membership.

Email [email protected] within 30 days of first accepting these Terms, with your name, the email on your account, and a statement that you want to opt out of arbitration. That’s all it takes.

If you opt out, this section doesn’t apply to you and disputes are resolved in court under section 19.8. If you don’t opt out within 30 days, you’re bound by this section.

19.7Changes to this section

If we change this arbitration section after you accept these Terms, you may reject the change by emailing us within 30 days of it taking effect, and the version you originally accepted will continue to apply to you.

19.8If arbitration doesn’t apply

Where this section doesn’t apply, or a claim is excluded from it, these Terms are governed by the laws of the State of California without regard to conflict of law principles, and any proceeding will be brought exclusively in the state or federal courts located in San Mateo County, California. You and we each consent to that jurisdiction and waive any objection to it.

19.9Jury trial waiver

Where a dispute proceeds in court rather than arbitration, you and we each waive any right to a jury trial.

19.10Survival

This section survives the end of your membership and any termination of these Terms.

20Changes to these Terms

We may update these Terms. We’ll post the updated version and change the “Last updated” date. For material changes, we’ll email you before they take effect.

Continuing to use the Services after that means you accept the updated Terms.

21Ending your membership

You may stop at any time per section 7.

We may suspend or end your access if you breach these Terms, or if we discontinue the Services. If we end it for reasons other than your breach, we’ll refund the unused portion.

22General

If any part of these Terms is unenforceable, the rest stands.

Not enforcing something once doesn’t waive it.

These Terms, with the Privacy Policy, the Consumer Health Data Privacy Policy and any Session Policy you’ve signed, are the whole agreement between us.

23Contact