Terms

Terms and Conditions

Welcome to DynamicSomaticTouch.com  (our “Site”), the internet marketing arm of Dynamic Somatic Touch, (“Dynamic Somatic Touch,” “we,” “our,” and “us”). If you use or order from our Site, you agree to our Terms of Use. The information contained in this Site, including but not limited to these Terms of Use, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. Dynamic Somatic Touch creates and controls this Site from its offices in Los Angeles CA, USA, and if your orders are accepted, they will be accepted in California. By using this Site, you agree that California law will govern these Terms of Use and your relations with Dynamic Somatic Touch, without giving effect to any principles of conflicts of laws. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Privacy

Use of information that we collect from you on this Site is governed by our Privacy Policy, which is incorporated into these Terms of Use.

Age of Users

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at our “Contact Us” page.

Content Errors

Prices and availability of products are subject to change without notice. Our goal is to provide only up-to-date and accurate information to our customers. But mistakes happen and occasionally product descriptions on our Site or in our catalog may contain typographical errors, inaccuracies, or omissions concerning product specifications, prices, or availability, and product photos may sometimes depict a different product version than the one we will ship. We reserve the right to correct and update information on our Site at any time, without notice. We also reserve the right to revoke any offer that contains an error, or for a product that is not available, at any time prior to shipment, including after you have submitted an order and whether or not the order has been confirmed and your credit card charged. In that event, we will reverse any applicable charges that have been made to your credit card, and if the product is or will be available we will attempt to contact you concerning the mistake to receive your instructions as to whether you wish to purchase on the basis of the corrected information. If you believe a product that we ship to you is not as described, you may return it to us under our Return Policy.

Account Registration

If you establish an electronic account with us, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to the computer(s) you have used to place orders.

Subscriptions

If you have purchased a monthly subscription product, your credit card will be charged approximately every 30 days. If you purchased an annual subscription plan, your credit card will be charged approximately every 365 days. Your recurring payment will continue until canceled. You may cancel at any time by contacting Customer Service: “Contact Us” form on our website

Should your credit card be declined, an email will be sent offering you the opportunity to remedy the payment. Failure to correct the payment could result in losing access to your subscription.

Dynamic Somatic 

Installment Payment Plans

Dynamic Somatic Touch may offer an option to make a purchase utilizing an installment payment plan for certain products. Please be advised that the sum of the installment payments may exceed the product price payable if the entire payment had been made at the time of purchase. The additional cost of the installment payment plan is intended to cover Dynamic Somatic Touch’s cost to manage the installment payment plan.

Your credit card will be charged approximately every 30 days until the product is paid for in full. Payment is not complete until the final installment payment is received. Should your credit card be declined, an email will be sent offering you the opportunity to remedy the payment. Failure to correct the payment could result in losing access to the product.

Shopping Security

Orders that you submit are protected by SSL (Secure Sockets Layer) as described in our Privacy Policy.

Payment for Orders

We accept Visa®, MasterCard®, AmericanExpress®, and Discover® card numbers in payment of orders, as well as Dynamic Somatic Touch gift cards and PayPal. 

Validating or Rejecting Your Order

After you place an order using our shopping cart, we will check the information you provide to verify availability of your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address or other contact information you have given us with the order. Your credit card will normally not be charged if we reject an order, but we will process a refund if a charge has been made against your card.

Order Acceptance and Confirmation

Your orders are only accepted by shipment of the item(s). Your receipt of an electronic or other form of order confirmation does not create a contract to sell you the product. Dynamic Somatic Touch reserves the right to accept or decline your order for any reason prior to shipment.

Canadian Orders

By placing an order destined for delivery to Canada, duties and taxes must be remitted to Canada and are the customer’s responsibility. Dynamic Somatic Touch will return the purchase price directly to the customer only. Shipping & Service and Brokerage Fees are nonrefundable.

Electronic Communications

If you give us your email address when you order on our Site, we will send an email confirmation that we have received your order. Other ways in which we may use your email address and ways to opt out of receiving emails not related to your order are described in our Privacy Policy. When you visit our Site, place an order, or send us an email, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether by email or posting them on this Site, satisfy any legal requirement that such communication be in writing. These Terms of Use create a binding agreement between us, without need for signature of either side.

Your Feedback and Suggestions

Your opinions matter, and we encourage you to email us at our online “Contact Us” form with suggestions for improving our products and services. Unless we have entered into a written contract signed by both sides concerning use of your ideas before you disclose them, you agree that we may use your voluntary submissions at our sole discretion and have no obligation to pay you for them.

Referrals and Affiliates

Dynamic Somatic Touch receives referrals of customers through hyperlinks from a large number of affiliates, who may earn commissions on resulting sales. Websites operated by these affiliates are not owned by Dynamic Somatic Touch, and we have no control over, and expressly disclaim any responsibility for the content, operation, or business practices of, such affiliates or their websites. If you arrive at our Site through a link from an affiliate, you should review that affiliate’s privacy policy to learn if and how the affiliate will collect and use information about you.

Site Content and Use Restrictions

We or our suppliers own copyrights in all of the written, visual, and oral information, including but not limited to text, graphics, logos, button icons, images, and audio clips, published on our Site (the Site’s “Content”), the design and graphical user interface of our Site, and the software that operates the Site. We give you permission to display, download, and print in hard copy pages of our Site, but only for your personal and noncommercial shopping use. No other copying of our Site or its Content is permitted without our prior consent.

Trademark Information

“Dynamic Somatic Touch” is the service marks of Dynamic Somatic Touch. Other trademarks that may appear in the descriptions or photos of products are owned by and used by Dynamic Somatic Touch with permission of the product’s manufacturer.

Risk of Loss

All purchases of physical items from us are made pursuant to a shipment contract. This means that the risk of loss and title for products pass to you upon our delivery to the carrier.

Health and Medical

Dynamic Somatic Touch offers health information for educational purposes only. It is not a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should consult with your physician or other health-care professional before beginning any health-related program to make sure that it is appropriate for your needs. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on our Site or learned from its products and services. The use of any information provided on this Site or by its products and services is solely at your own risk.

Warranty Disclaimers

Our Site and its products and services are provided on an “As Is” and “As Available” basis, with all faults. To the maximum extent permitted by applicable law, Dynamic Somatic Touch disclaims all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Dynamic Somatic Touch makes no warranty, express or implied, (i) as to the operation or Content of our Site, (ii) that use of our Site will be uninterrupted or error-free, (iii) as to the accuracy, reliability, or currency of our Site’s Content, (iv) that our Site, the servers that host it, or email we send you are free of viruses, or (v) that information we collect on our Site is immune from access by hackers and other unauthorized users. Applicable law may not allow exclusion of implied warranties, so some or all of the above disclaimers may not apply to you.

Dynamic Somatic Touch is not responsible or liable for any loss, damage, injury, or health problems that may result from your use of our Site and/or its products and services, and/or any action or inaction on your part as a result of information you have obtained from our Site and/or its products and services. By way of example only, if you engage in any health-related programs that you receive or learn about through our Site and/or products and services found on our Site, you agree that you do so voluntarily, after consulting an appropriate health-care professional of your choice, and at your own risk, and you agree to release and discharge Dynamic Somatic Touch from any and all claims or causes of action, known or unknown, arising out of the foregoing.

Limitation of Liability

In no event, including its own negligence, shall Dynamic Somatic Touch be liable for any damages in excess of the price paid for the products and services you have ordered, that result from your use of or inability to use or access the Site, or the products or services, even if resulting from your reliance on information in our Site’s Content or from mistakes, omissions, service interruptions, the deletion, degradation, or corruption of files or email, software errors or defects, viruses, delays in operation or transmission, communication failure, theft, destruction, or unauthorized access to Dynamic Somatic Touch records and data, programs, or services. Neither Dynamic Somatic Touch nor its suppliers shall be liable for any indirect, incidental, special, or consequential damages arising from your use of our Site or the purchase of our products or services, or from any information, Content, materials, products (including software), or other services made available to you through our Site, even if any of them have been advised of the possibility of such damages.

Disputes

You agree that to the maximum extent permitted by applicable law, courts located in Los Angeles County, California, will have sole and exclusive jurisdiction for any litigation arising out of your use of this Site and products you order on this Site. You submit to personal jurisdiction of any such court and waive any claims that the forum is inconvenient or the court does not have jurisdiction. If any provision of these Terms of Use is unlawful, void, or unenforceable under applicable law, you and Dynamic Somatic Touch submit to modification of such provision so as to make it enforceable, or if modification is not possible, to severance of the offending provision and enforcement of the remainder of these Terms of Use.

To the fullest extent permissible by law, you hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Site, Dynamic Somatic Touch, any and all contracts you enter into with Dynamic Somatic Touch, and any and all of Dynamic Somatic Touch’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration conducted under the rules of the American Arbitration Association to occur in Los Angeles County, California. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against us. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Termination

Dynamic Somatic Touch may, in its sole discretion, terminate your account or your use of our Site at any time. Dynamic Somatic Touch reserves the right to change, suspend, or discontinue any or all aspects of our Site or its Content at any time without prior notice.