Terms of Service

 

Terms of Service for Thera Systems LLC at www.primalstep.com

Effective Date: 12/23/2023

Welcome to www.primalstep.com (the “Site”), a website operated by Thera Systems LLC (“Thera Systems”, “we”, “us”, or “our”). By accessing or using our Site, you agree to be bound by these Terms of Service and our Privacy Policy.

1. Use of the Site

The Site and its content are intended solely for your personal, non-commercial use. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Site.

2. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Thera Systems LLC or its content suppliers and is protected by international copyright and trademark laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission from us.

3. Product Purchases

If you purchase products from the Site, you agree to provide current, complete, and accurate purchase and account information. All purchases made on the Site are subject to our return and exchange policies as stated on the Site.

4. User Conduct

You agree not to use the Site to:

  • Transmit any viruses, malware, or other harmful code.
  • Conduct any fraudulent, abusive, or illegal activity.
  • Infringe the rights of others, including copyright and privacy rights.

5. Third-Party Links

The Site may contain links to third-party websites that are not affiliated with Thera Systems LLC. We are not responsible for the content, policies, or practices of these websites and encourage you to review their terms and privacy policies.

6. Limitation of Liability

Thera Systems LLC will not be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from your use of or inability to use the Site.

7. Indemnification

You agree to indemnify and hold Thera Systems LLC and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, and expenses arising from your use of the Site or your violation of these Terms of Service.

8. Changes to the Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of any changes by posting the new terms on the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

9. Arbitration Agreement

By accessing or using this website, www.primalstep.com, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, or your purchase or use of any products or services sold or distributed through the website shall be resolved exclusively through binding arbitration. This agreement to arbitrate applies regardless of whether the claim is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Class Action Waiver

You agree that any arbitration shall be conducted solely on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator shall have no authority to consider or resolve any claims or disputes as a class, collective, consolidated, or representative action. You further agree not to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Arbitration Procedure

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by this agreement. If the AAA is unavailable or unwilling to administer the arbitration, the parties may mutually agree on another arbitration provider or arbitrator. If no agreement is reached, a court of competent jurisdiction may appoint an arbitrator pursuant to Section 5 of the Federal Arbitration Act.

The arbitration will be conducted in Scottsdale, Arizona, or at another mutually agreed-upon location. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this agreement is void or voidable.

Opt-Out

You may opt out of this Arbitration Agreement by providing written notice of your decision to opt out within 30 days of your first use of the website or purchase of any products. To opt out, you must send a written notice to the following address: Thera Systems LLC, 6501 E. Greenway Pkwy #103-276, Scottsdale, AZ 85254.

10. Governing Law

These Terms of Service, your use of the Site, this Arbitration Agreement, including its interpretation, enforcement, and any disputes arising out of or related to it, is governed by the Federal Arbitration Act (FAA). To the extent the FAA does not apply, the laws of the State of Arizona, without regard to its conflict of laws principles, will govern.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at info@primalstep.com.