Performance Evolution Inc. (The Align’d Approach)

Terms and Conditions

 

1. Terms

By accessing the website at www.Bealignd.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Code of Conduct

You may not use Performance Evolution Inc. (The Align’d Approach)for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. You agree that when using the Website, you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or upload dangerous or harmful files. Performance Evolution Inc. (The Align’d Approach)reserves the right to remove individuals from our community in instances of misconduct.

3. Use License

​ The materials contained in this website are protected by applicable copyright and trademark law.

1. Permission is granted to temporarily download one copy of the materials (information or software) on Performance Evolution Inc. (The Align’d Approach)’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  •  use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Be Align’d website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Performance Evolution Inc. (The Align’d Approach) at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

  1. The materials on Performance Evolution Inc. (The Align’d Approach)’s website are provided on an ‘as is’ basis. Performance Evolution Inc. (The Align’d Approach) makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Performance Evolution Inc. (The Align’d Approach) does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
  3. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice from your health care provider.  Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical diagnosis or advice.  The use or reliance of any information contained on this website is solely at your own risk.
  4. The site may contain testimonials by users of our products and/or services.  These testimonials reflect the real-life experiences and opinions of such users.  However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products/services.  We do not claim, and you should not assume, that all users will have the same experiences.  Your individual results may vary. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted.  They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.  We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition.  Wherever possible we attempt to share accurate before and after representations through posture and range of motion analyses and orthopedic testing.

​5. Limitations​

1. Personal Responsibility – You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Website to your life, family or business.

2. No Guarantees – Performance Evolution Inc. (The Align’d Approach) is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Performance Evolution Inc. (The Align’d Approach). cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

3. Damages – In no event shall Performance Evolution Inc. (The Align’d Approach) or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Performance Evolution Inc. (The Align’d Approach)’s website, even if Performance Evolution Inc. (The Align’d Approach) or a Performance Evolution Inc. (The Align’d Approach) authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Accuracy of materials

Although every effort is made to ensure the accuracy of information shared on or through this Website, the materials appearing on Performance Evolution Inc. (The Align’d Approach)’s website could include technical, typographical, or photographic errors. Furthermore, you agree that Performance Evolution Inc. The Align’d Approach). is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with our business in any way. Because scientific, technology and business practices are constantly evolving, you agree that Performance Evolution Inc. (The Align’d Approach) does not warrant that any of the materials on its website are accurate, complete or current.

7. Links and Endorsement

Performance Evolution Inc. (The Align’d Approach) has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk. References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. Performance Evolution Inc. (The Align’d Approach). is merely sharing information for your own self-help. Performance Evolution Inc. (The Align’d Approach). is not responsible for the Website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individuals, businesses or entities Website, program, product or services, it does not constitute our formal endorsement of them, their business or their Website either.

8. Affiliates

From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Performance Evolution Inc. (The Align’d Approach)is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that Performance Evolution Inc. (The Align’d Approach). is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.

9. Purchases and Subscriptions

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, physical address, credit card information and geographic location. Please view our Privacy Policy for more information on how we use your personal information. Some parts of the Service are billed on a subscription basis as outlined on the sales and check out pages of the product. You will be billed in advance on a recurring basis as per the subscription agreement.

10. Modifications

Performance Evolution Inc. (The Align’d Approach) may revise these terms of service for its website at any time without notice. Performance Evolution Inc. (The Align’d Approach)shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. By using this website you are agreeing to be bound by the then current version of these terms of service. This version was last modified on August, 16, 2022

11. Complaints

Performance Evolution Inc. (The Align’d Approach)offers support to our clients and a complaints handling procedure which we will use to try to resolve disputes when they first arise, with a solution that is mutually agreeable to both the client and Performance Evolution Inc. (The Align’d Approach). Please let us know if you have any complaints or comments at team@bealignd.com 

12. Indemnification and Release of Claims

You hereby fully and completely hold harmless, indemnify and release Performance Evolution Inc. (The Align’d Approach). and any of its agents, consultants, affiliates, team members, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the business from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Performance Evolution Inc. (The Align’d Approach)and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact team@bealignd.com.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

14. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that Province or location.