SMS Policies/ Terms and Conditions

Welcome to The Incite Center, LLC. By accessing or using our services, including receiving SMS communications, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not engage with our services.

2. Consent for SMS Communication

By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from The Incite Center, LLC at the phone number you provide. Information obtained as part of the SMS consent process will not be shared with third parties.

Opt-In Method:
You may opt-in to receive SMS messages from The Incite Center, LLC in the following ways:
Verbally, during a conversation
By submitting an online form
By filling out a paper form


3. Types of SMS Communications

If you have consented to receive text messages, you may receive SMS communications related to the following:
Customers and Guests: Updates regarding your account, appointments or other relevant practice/provider updates and information.
Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.

4. Standard Messaging Disclosures

Message Frequency: Frequency of messages may vary depending on your interactions with us.
Standard messaging rates will be charged by your mobile service provider.
You can opt-out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.
For assistance, text "HELP" " to any text message or contact us directly at 720-295-7304 , you can email us at assistant@theincitecenter.com or visit our [OPT OUT Privacy Policy contact us]

The Incite Center Terms and Conditions of Use

Effective Date: August 22, 2024

PLEASE NOTE AND BE ADVISED TO READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING, BROWSING, CREATING AN ACCOUNT, PURCHASING ANY PRODUCT(S) OR OTHERWISE USING THIS SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS WITH REGARD TO INCITE. THESE TERMS PROVIDE HOW SUCH CLAIMS MAY BE BROUGHT AND RESOLVED, INCLUDING, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY CLAIMS THAT AROSE OR WERE RAISED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. BY ACCESSING AND USING THE SITE, WHETHER OR NOT YOU ARE REGISTERED, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN.IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS SITE

These Terms govern the access or use of this website, mobile application or other Incite product or service (collectively the "Website" or “Site”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"). These Terms (together with any and all information and policies referred to herein (collectively, the “Terms”) govern your use of, access to, and purchase of products from the Site and access to and use of any text, data, information, software, graphics, videos, audio, photographs and other materials and programs that we may make available to you through the Site. These Terms and additional terms posted on this Site at each time of use apply to that use, and retroactively to any use or claims that arose or were raised prior to the posting of such Terms, except to the extent prohibited by applicable law. We may change these Terms at any time without notice, effective upon its posting to the Site. Your continued use of the Site shall be considered your acceptance of the revised Terms.

The Site and its contents are designed, operated and administered by The Incite Center. (hereinafter “Incite”, “we”, “us”, “our”).

1. Governing Law

By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court as set forth in Section 21 of these Terms.

3. Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, non-commercial use as described in these Terms.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, log-in credentials (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-in credentials and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-in credentials, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

4. Ordering and Availability

You may purchase Products on the Site only for personal use and not for resale. By placing an order on the Site, you certify that you are purchasing Products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation. All orders placed on the Site are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. All orders are subject to email confirmation by us. If your credit card has already been charged for an order that is later cancelled, Incite will issue you a refund. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. This Site may contain typographical errors or technical inaccuracies.

6. Prices and Payment

Prices are in USD and include applicable sales tax (based on your shipping address), but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart and have selected your chosen different delivery method.

Prices and delivery costs as quoted on the Site are subject to change from time to time in Incite’s discretion.

Use of certain payment methods or products may be subject to additional terms, conditions or policies provided by third parties pertaining to those payment methods or products. As set forth in Section 13 of these Terms, Incite assumes no responsibility or liability for any such additional terms, conditions or policies of third parties pertaining to payment methods or products or any use thereof by you. Any use of third party products is entirely at your own risk.

7. Product information

While we have tried to accurately display the colors of Products featured on the Site, the actual colors and others details you see will depend on your monitor and, as such, may not be accurate. This Site may contain typographical errors or technical inaccuracies. We do not warrant that the product descriptions are complete or error-free. The images of the products on the Site are for illustrative purposes only.

Any information on the Site regarding our Products is included as a guide only. If you have questions of any Product you require, we recommend that you Contact Us prior to placing an order.

8. Permitted Use

You may only use the Site for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the following section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link. No part of any content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the content. Incite shall not be deemed liable for any use of the Site and the content made by you in violation of any applicable laws and regulations and these Terms.

10. Prohibited Use

Any use of this Website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; (v) activities that infringe upon any legally protected property right, etc.; and/or (vi) activities that create links to the Site from any other website, without our prior written consent.

By using this Site, you agree that any and all information transmitted to, by or with the use of this Site cannot and shall not be deemed confidential or proprietary. Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. You agree not to use any data mining, robots, scraping or similar data gathering methods. Incite reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Incite, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Incite determines appropriate under the circumstances.

11. Intellectual Property rights

This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Incite and may also contain Intellectual Property of Incite’s Affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms shall be interpreted as granting any license of Intellectual Property rights to you.

12. External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these for convenience to provide you with access to information, products or services that you may find useful or interesting. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters. These third party websites may have their own separate policies and Incite is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. Incite and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites. The Site may allow you to interact with a wide variety of other digital products and services for activity tracking, social networks, music streaming services and other digital services. If you choose to connect your account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies.

13. Mobile

The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Incite’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we do not send your messages to a different person.

If you use our Site or other features provided by us to track your fitness activity or physical characteristics, we may collect this personal data and store it so that you can review it on the Site or other feature. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data. We may use this activity data to calculate further information about your activity so that the calculated information can be provided to you as part of the functionality of the Site. 

In many cases, to use particular features within our Site you may need to provide us with additional data or additional consent to use particular data in a certain way. For example, to share content on social media, you may be required to provide your social media account credentials to sign in.

14. Warranties and Disclaimer

INCITE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE WEBSITE. THE WEBSITE, ITS CONTENT, AND THE CONTENT, MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCITE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. Incite cannot guarantee and do not make any promises regarding any specific results from use of the Website. Incite does not make any representations or warranties regarding accuracy, completeness, currency, correctness, reliability, integrity, quality or originality of any materials, content or any product, that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your Device, loss of data or other harm of any kind that may result. Incite reserves the right to change any and all materials or content and other items used or contained in the Website at any time without notice. You are responsible for your physical activity and will not hold Incite responsible for any injury or loss related thereto. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

15. Indemnification

To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Incite and its officers, directors, employees, agents, distributors, subsidiaries, parents, and affiliates (the “INCITE Parties”) from and against any and all claims, demands, losses, liabilities, costs, or expenses, including, without limitation, reasonable attorney's fees which arise directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access or use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the INCITE Parties from any and all claims or causes of action you may have for damages arising directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access or use of the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”. This indemnification obligation and release shall survive in the event these Terms are terminated for any reason.

16. Limitation of Liability

EXCEPT IN CONNECTION WITH DEATH OR PERSONAL INJURY RESULTING FROM INCITE’S NEGLIGENCE, IN NO EVENT SHALL INCITE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST INCITE FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. HOWEVER, IF INCITE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCITE’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Governing Law and Jurisdiction

You agree that this Site, Terms, Privacy Policy and any dispute between you and INCITE shall be governed by, construed, and enforced in all respects by the laws of the Commonwealth of Massachusetts, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited by law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of INCITE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the Commonwealth of Massachusetts, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of the Commonwealth of Massachusetts, USA. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF INCITE PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

22. Force Majeure

Notwithstanding any other provision set forth in these Terms, INCITE shall not be liable for any failure or delay in its performance due to any cause beyond INCITE’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, pandemics, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that INCITE shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

23. Modification of Terms and Conditions or Site Content

INCITE reserves the right to make changes to the Site at any time without notice. We may also change, update, add, or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Site. As soon as they are accepted by you as set forth above, any changes to these Terms or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised before the posting of such Terms, except to the extent prohibited by applicable law. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, INCITE may add, change, discontinue, remove, or suspend any other content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

If you object to any such modifications to the Terms or the Site, your sole recourse shall be to stop using the Site. Continued use of the Site following any such changes to the Terms or the Site indicates you acknowledge and agree to be bound by the modifications.

24. Relationship

Nothing in these Terms is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between INCITE and you.

25. Waiver, Severability and Entire Agreement

Incite’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between Incite and you, nor trade practice, shall modify any of these Terms. Incite may assign its rights and duties under these Terms to any party at any time without notice to you. If any provision in these Terms is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall continue to be valid and enforceable. These Terms constitute the full and entire understanding and agreement between Incite and you pertaining to use of the Website. These Terms remain in effect even after your account is terminated.

26. Privacy

For information regarding our collection, processing and use of your personal information, visit our Privacy Policy. By using the Site, you agree to receive certain electronic communications from Incite. You agree that any notice, agreement, disclosure or other communication that Incite sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

27. Contact Us

Please submit any questions you have about these Terms in general by email to assistant@theincitecenter.com by telephone: 720-295-7304 between the hours of 9A to 4P MST, 7 days a week, or write to us at:

The Incite Center

9220 Teddy Lane

Lone Tree, CO 80124

28. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.