MASTER SERVICES AGREEMENT

This Master Services Agreement pertains to all services listed on the websites and is between Pain Free Pete ™, which is referred to as (“Pain Free Pete, Company, We, Us, Our”) and all of Pain Free Pete’s properties such as: T-Back Support, and any others to be added here at our discretion, on the domains www.painfreepete.com, www.t-backsupport.com and any other related domains we choose to use, and You, (“the Client.”)

Please note that this entire Privacy Policy and Terms and Conditions covers all properties listed above. And to use any of our sites, you must agree to waive us of all liability in entirety. If not, please refrain from using our sites.

1.) OVERVIEW

This Agreement states the terms and conditions and provides us with express automatic exemption from any and all forms of liability covering any and all of our services both online and offline provided to You (the Client, and or interested party using our website). Our services may include physical and anatomical therapy, as well as the recommending of products, sales of services and or products, and any third-party services we choose to contract with to provide additional expertise to benefit you with.

2.) OUR RESPONSIBILITY

We agree to do the following: 1.) Complete the tasks/services as promised to the best of our abilities. 2.) Fulfill our Scope as described in each individual agreement. 3.) Provide timely and courteous response

3.) YOUR RESPONSIBILITY AS A CLIENT

By agreeing to our terms, you the Client must do the following: 1.) Pay us per contract and or service terms. 2) Agree to waive any and all forms of liability and or legal action against Us (Pain Free Pete™ and any and all websites and companies we own) 3) Do not blame us for any third-party viruses or hacking that occur during your browsing on our website; as we have no control of this, and you agree to waive any and all forms of liability and or legal action against us related to any unknown and or known third party negligence or malicious attacks against us and you indirectly or directly.

LATE PAYMENTS, PAYPAL ISSUES, CHARGEBACKS AND REFUNDS

Late Payments: If the Client cannot pay Company the requested remaining amount at the time (tax inclusive for tangible property transferred and received); on the day that the project has been finished or contract payment is due, all online orders (products and or services) concerned will be automatically terminated. While notwithstanding We reserve the right in its sole discretion to terminate the Client’s access to all or a portion of the Service at any time with or without notice. In the event of such termination, the monies previously received for the order will not be refunded unless they are products which the Client ordered and did not receive. For services involving any and all online coaching there are no refunds unless expressed otherwise for example for a trial period.

PayPal Issues: All disputes regarding Paypal will be brought to Paypal management.

Charge backs: By using our site and services, you agree not to charge back any transactions before discussion with Company. All charge back issues will be turned over to an external collection agency and may be pursued to the full extent of the law. Ideally, before placing the charge back call to the credit card company, Client should bring up the issue and discuss a solution for it with Us so this drastic action can be avoided. Each agreement will have a clause to waive any chargebacks, should you not accept that clause, please do not sign the agreement.

4.) TAXES

The Client is responsible for the applicable taxes for the purchase of tangible personal property, and this sales tax of 7.75% will be added to the total and must be paid by the Client to the service provider in addition to the total sum requested.

5.) FEES

The Client will not be liable for any extra fees. The Client is only responsible for paying what he owes Us. If Client is late in paying, there will be a late payment fee of 2% added as interest each month. If the Client has not paid the full amount he owes after 30 days, the charge may be sent to a third-party collection agency. We will do our very best to notify Client of late payment and penalties, but we will turn over the account if necessary to collect payment.

6.) OUR RIGHT

The Client understands and agrees that We have the right in its sole discretion to pre-review, refuse and or act upon any behavior that is illegal, obscene, indecent, slander, stimulates religious, racial or ethnic hatred or violates the rights of others. We have the right to refuse service at our discretion.

7.) PERSONAL INFORMATION

The personal information that you provide to us is what we keep. We collect personal information that you voluntarily provide to us when you use our website, show an interest in obtaining information about our products and services and or us, when you take any and all action on our website, and when you contact us.

The personal information that we collect may include the following:

1. Personal Information Provided by You:We collect names, phone numbers,  email addresses, mailing addresses, usernames, job titles, passwords,  contact preferences and or contact or authentication data, billing addresses,  debit/credit card numbers,  and other similar information that is applicable.
2. Social Media Logins and Corresponding Data:We may provide you with the option to register with us using your existing social media account details. In which case, if you choose to register or login to use our website using a social media account, we may have access to information about you such as your profile information.

-Profile information via Social Media: Your profile information if applicable and used to register with on our website will often consist of your name, email, profile picture, friend’s list, and may include any other information you chose to make public on your social media platforms. Information that is gathered from your social media accounts if applicable will only be used for purposes that are described in this Privacy Policy/Terms and Conditions; Master Services Agreement. Please review your social media platforms’ privacy policies to better understand how they collect, use, share and distribute your personal information; and set your privacy preferences accordingly on them as you so choose. Please note, We are NOT responsible for any uses of your personal information by your third-party social media platform provider, nor are we responsible for any malicious third-party attacks to your social media platforms even if it was made through our website. If you do not agree, please refrain from using our website.

Automatically Collected Information

Information such as your IP address, browser cookies, referring URLs, device name, location, device characteristics, operating system information, and information about You as pertaining to your technical information may be automatically being collected from the moment you enter our website(s). 

The information we collect my include:

• Logins and Usage Data. Logins and usage data that is service-related, device related diagnostic usage data and performance information may be some of the information our servers automatically collect when you access and or use our websites.
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•  Technical Data Relative to Usage: Your device details, IP address (Internet Protocol address), type of browser, your activity information, your website behavior, your browsing actions and activity may all be being recorded for our tracking purposes related to advertising and or SEO (Search Engine Optimization).  Date and time stamps that show your usage, which URLs you clicked on, which pages you visited, and any and other website related actions you took may all be recorded via Google Analytics and or any other tracking/remarketing devices such as Google Adwords, Adroll and any and all others we may use. Your system activity, any hardware settings or error reports may be part of the information that is recorded automatically.

• Device Data: Device data may include your computer, Iphone, Android, any other phones, tablet, Ipad, and any and all other devices that you utilize to access our Website(s). Depending on your device, the data we collect automatically and or non automatically may include your device related data such as: IP address, operating system configuration information and details, device application numbers, location specific data, browser type, Internet service provider information, mobile carrier related information and any and all related device data information that may be collected.

• Location Data. Location data information will be collected by the browser you use, and or our website may collect data with plugins which are integrated. Your geolocation data which is connected to your IP address is some of the information that will be collected when you access our website. This happens on every website, and our tracking devices and or third-party tracking tools such as Google Analytics and or the browser will capture your location data. If you are using a VPN, this information could be somewhat masked, and we won’t collect the accurate data but we will still collect data. By modifying your settings you can opt out of this, however, if you do, you may or may not be able to use some aspects of our services. 

• Third Party Data

In order to provide you with the best user experience when using and or accessing our website(s), we may use third-party data tools to collect your data. You agree that all data we collect in this manner has your express permission to be used for our remarketing and or bettering both our online and or offline services to bring You greater benefit. This third-party data could include everything in Section 7, (A-B) and any and all other applicable data as well.

 

8) HOW YOUR INFORMATION IS USED

We utilize your personal information for business purposes and for our business interests to work with You as our Client. Whether you purchase a product from our other product website which is linked to this one, or purchase our services you are complying with our legal obligations and providing us with express consent to process your information and have us fulfill our contract with you. Here are some of the ways we may use your personal information:

• To create your registration area within our website if applicable.
• To utilize your reviews in our testimonial area of our website which may or may not be drawn from other third-party sites such as Google, Facebook and or others.
• For purpose of communicating with you via email, chat, and or text messaging.
• To ask for feedback and to contact you about the use of our sites.
• Sending product, service and or promotional information
• To keep our services well protected and secure, to monitor fraud and to prevent it.
• For legal purposes in case of receipt of a legal request.
• To manage, track and ship any tangible orders that may or may not be applicable to this website but that may be applicable to our other websites. Your information will be used to track and manage payments, orders, returns and or exchanges if applicable.
• For giveaways and or contests if applicable.
• To provide the service or product you pay for.
• For responding to service and or product inquiries and any related issues which you may have had that you need assistance with.
• Direct email marketing with option to opt-out, and offering discounts and or beneficial information
• Targeted advertising that is tailored to display personalized ads to You which target your interests, location and or gender, title, household income, and or other demographics.

9) CONSENT TO SHARE INFORMATION

We understand your personal information is important and as such we will only share your information with your consent, and or for legitimate business interests for example the sale of our Company, working with third-party service and product vendors, advertisers, affiliates that helped obtain your information, or for when we process your information in order to fulfill your contract, and in public comments or reviews that may be shown on our website and or social media. We may also disclose your information if we are legally obliged to do so to comply with any and all government authorities, requests, court proceedings, and related law enforcement and or public authorities. We may also share your information if it is related to legal cases and any and all fraudulent action that we deem necessary to take action on. This means in this case, your information may be provided to the right authorities such as Private Investigators, officers, and any authority that will be investigating, taking action, and or preventing the fraudulent action and or behavior.

 

10) TRACKING TECHNOLOGIES

Every website uses cookies and tracking technologies to collect and store your information and we do this too. Web beacons, pixels, as well as third-party tracking tools may be used to track and measure your browsing and shopping behavior on our website. If you do not want to be tracked you can refuse cookie tracking in your settings. We use tracking however, to make sure that you have the best possible experience with us, so we utilize it for your benefit and ours so we can enhance the User Experience for our website for you and other future customers and browsers.

11) THIRD-PARTY TOOLS 

We may use Google Analytics, Google Adwords, Hotjar or related heatmap trackers, Google Maps and or other Google products, Bing related tracking, Social media tracking tools and more, at our discretion. Again, all of our tracking tools are used to measure your experience so that you enjoy your browsing experience on our website.

12) THIRD-PARTY WEBSITES

We are not responsible for the safety and privacy of the data you provide to any third-party websites which may include Hosting service providers, tracking tool providers, plugin providers, advertising tool and or system providers and any third-party systems and related websites we use. If those websites are linked to us, we are still not responsible for any of their content, privacy and or security practices and policies. These could be linked in the form of plugins, affiliate links, external linking for SEO, and more at our discretion, and we are not responsible for any damages related to them if any. Please review their policies and contact them directly if you have any questions related to this area of our Agreement. Note: All payment processors fall in this third-party website category. Your information thus with them, is organized and maintained by them: For example Paypal or Authorize.net would be who you would contact for the details of how they handle your sensitive information. Please refrain from using this or any other website we own if you do not agree.

12) PROTECTING YOUR INFORMATION

We have security measures in place such as plugins and or anti-virus measures, and any third-party payment processors will have their own highly secure measures in place to protect your information. However, even though we have stringent safeguards in place to keep your information and data secure, no electronic transmission on the World Wide Web/Internet is 100% secure. Thus, we cannot guarantee or promise that your data will be stolen, accessed, and or modified by hackers, cybercriminals and other unauthorized third parties. These criminals are getting better by the day, and attack large conglomerates and successfully steal information there too. Thus by using our website, you agree that we are not legally liable in any way if your information is indirectly leaked, accessed, stolen, and or used in a manner that you do not consent to.

13) PRIVACY RIGHTS

We serve the local community of Orange County, California, however if we are ranking in your area and you happen to access our website, please note this particular website is for the local above mentioned area in the U.S. However, our linked online store may be accessed nationally and or internationally, and in this case, if you are a resident of the European Economic Area, and you have accessed our websites, we are listing your rights in relation to the use of this and any other website we own. If you are planning on holding us accountable for violating your privacy rights in any way, please refrain from using any and all of our websites.

14) LIMITATIONS OF LIABILITY

The Client and User of this website holds Us (“Pain Free Pete, Company, We, Us, Our,” and all of Pain Free Pete’s properties such as: T-Back Support, and any and all present, past and future websites that we own and the third party companies and individuals that are referred to us and that we use,) harmless for any type of incidental, punitive, indirect or consequential damages, including, but not limited to: lost revenue, lost profits, lost time, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability, acts of GOD, wars, strikes, government restrictions or regulations, or (in the absence of our Company’s own negligence) any of the above-stated occurrences arising from the use of Our services, and or from use of any vehicle (tools, automotives) utilized for completing a service or selection thereof, or from any act of omission by Our owners: Pete Larrieu, Company’s agents, and employees. Therefore, Pain Free Pete™ shall have no liability. Upon using this website, (Client) agrees to defend and indemnify Us and Owner: Peter Larrieu; also known as Pete Larrieu, his agents, and employees and hold them harmless for any damage or injury, including attorneys fees, and cause by the act or omission of the subcontracted worker(s). This obligation applies whether or not the third party company and or individual was negligent, excepting the sole negligence or intentional conduct of the third company party and or individual in which case, only the third party company and or individual could only be liable. This agreement becomes effective upon execution of this confirmation and shall be governed by the laws of California. If you plan on holding us liable in any way, please refrain from using this and any and all of our websites.

15.) GDPR

GDPR is enforced in the EU currently but may be enforced in the US. As such, we have always listed our data protection information. Our hosting service providers offer security of the website internally. For payment processing, the third party processors will be responsible for the security regarding any and all payments. GDPR is primarily for EU citizens but also applies to any website that sells to EU citizens. Under Articles 17 & 18, We as Company are to: Give data subjects more control over personal data; even allowing personal data under certain circumstances to be erased.

Articles 23 & 30 states: If your data is lost or exposed, we need to implement reasonable data protection measures. Our most important and sensitive information of yours is handled by third party services as mentioned above. Hosting company, and payment processors.

Articles 31 & 32 state: We need to contact you within 72 hours of learning of data breaches. In the case of a noticeable data breach, please contact urgent@painfreepete.com.  Again, all sensitive information is handled by our third-party company partners of whom we hire.

Articles 33 & 33a state: Data Protection impact assessments must be conducted. Our third-party partners will do these as they see fit in an event of a breach.

Article 35 states: Data protection officers must be appointed and supervised if the company processing the data handles special data such as: genetic data, health, racial, religious, and other very personal information. We are not such a Company.

Articles 36 & 37 state: The proper authorized parties must handle data sensitive information, and any and all breaches. Our third party companies will do so as they see fit.

Article 45 states that even if a website isn’t EU based, if it serves EU customers, this GDPR policy will apply to them. We are local, and our services are local; thus for the most part, GDPR will not apply to us. However, in the event we sell our products internationally via our other e-commerce website it will.

Article 79 -GDPR non-compliance applies to EU citizens and outlines penalties for non-compliance to those that are EU or those that serve EU.

16.) COPYRIGHT

Every part of this website is protected by copyright laws. You may not copy any part of this website without prior written permission from Pain Free Pete™ first.

 

Please refrain from using this site and or from purchasing service from us if you do not agree with these Terms and Conditions and Privacy Policy stated in this Master Services Agreement. We reserve the right to update this agreement at any time at our discretion.