Terms and Conditions
INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING AND/OR PURCHASING FROM ____________________. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
COPYRIGHT AND TRADEMARKS
This site is owned and operated by Arthur I. Rothafel, Inc. and ________
This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Arthur I. Rothafel, Inc. and ________, and its licensors or other owners as indicated on this website. You may not use, copy, publish, upload, post (to a website or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
COPYRIGHT NOTICE
All material and images in the e-books and across this website are protected by U.S. and international copyright laws, and any unauthorized reproduction, retransmission, or republication of all or part of any part of the E-Books or this website is strictly prohibited. The E-Books and website content is for personal use of the original buyer only. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the content of the E-Books or website content, in whole or in part.
© Arthur I. Rothafel, Inc. and ________ 2020 All Rights Reserved.
NOT INTENDED FOR UNDER 18 YEARS OF AGE
Our Services are not designed for use by anyone under the age of 18. By using ____________________, or purchasing any of the Services offered here, you agree and warrant that you are 18 years old or older.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Any and all information provided on this website is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Arthur I. Rothafel Inc., and ___________ uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, Arthur I. Rothafel Inc., and ___________ makes no warranties or representations as to the accuracy or completeness of such information, and Arthur I. Rothafel Inc., and ___________ assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall Arthur I. Rothafel Inc., and ___________ be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. Arthur I. Rothafel Inc., and ___________ also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this website, or your downloading of any materials, data, text, images, video, or audio from this website. In no event shall Arthur I. Rothafel Inc., and ___________ be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if Arthur I. Rothafel Inc., and ___________ has been informed of the possibility thereof.
The opinions and information contained in the E-Books and blogs are for informational and entertainment purposes only, are not intended as medical advice, and are not a substitute for professional advice, diagnosis, or treatment of any disease or condition. You should consult your physician or other health care professional before starting this or any other nutrition, supplementation and/or fitness program to determine if it is appropriate for you. This is particularly true if you (or your family) have a history of heart disease or high blood pressure, or if you smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE E-BOOKS AND WEBSITE ARE PROVIDED “AS IS” AND, UNLESS OTHERWISE SPECIFIED IN WRITING. Arthur I. Rothafel Inc., and ___________ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE E-BOOKS AND WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE E-BOOKS AND WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE E-BOOKS AND WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Arthur I. Rothafel, Inc and _____________ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Arthur I. Rothafel, Inc and _____________ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE E-BOOKS AND WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE E-BOOKS AND WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Every effort has been made to make the e-books and website as complete and accurate as possible. However, there may be mistakes both typographical and in content. Therefore, e-books and website content should be used only as a general guide and not as the ultimate source of the subject matters covered.
MEDICAL WARNING, DISCLAIMER, AND RELEASE
The content of and products sold within ____________________ are provided for information purposes only. While obtained from sources that Arthur I. Rothafel, Inc and _____________ believes to be reliable, Arthur I. Rothafel, Inc and _____________ does not guarantee the accuracy of, or assume any liability for, the content of any articles, blogs, product descriptions or other materials on the site. Arthur I. Rothafel, Inc and _____________ does not guarantee or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Reliance upon any information or use of any products presented on the ____________________ site is solely at your own risk. Neither the content of, nor any service or product offered on or through ____________________ and/or Arthur I. Rothafel, Inc and _____________, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. Arthur I. Rothafel, Inc and _____________ is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on ____________________ or in a product you purchased or obtained from ____________________ and/or Arthur I. Rothafel, Inc and _____________. By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve Arthur I. Rothafel, Inc. and ________ of any and all liability for any injuries, claims or damages arising out of your use thereof.
PRIVACY POLICY
Your privacy is important to us. By becoming a member or by using this site and its services and products, you also consent to privacy practices to the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used.
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify Arthur I. Rothafel, Inc. and ________ immediately of any unauthorized use of your password(s).
Arthur I. Rothafel, Inc. and ________ is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you agree that you will not use this website, its products and the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed.
LINKS TO OTHER SITES
The website, or third parties on the web site, may provide links to other sites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to users to the web site and should not be construed as an endorsement by us of content, items, or services on those third-party web sites. Your access and use of such sites, including the content, items, or services on those sites, is done solely at your own risk. We make no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked websites. You agree that we have no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
We shall have no liability to you for any loss or damage suffered by you as a result of linking to any site from the Web Site to the maximum extent permitted by law.
DISPUTES
Any dispute relating in any way to your use of the E-Books and membership content, or to any results or lack of results associated with such use, shall be adjudicated in any state or federal court in Phoenix, Arizona, and you consent to exclusive jurisdiction and venue in such courts.
You agree that the laws of the state of California, without regard to conflict of laws principles, will govern these Terms and any dispute of any sort that might arise between you, Arthur I. Rothafel Inc., and ______________.
Your use of this website shall be governed in all respects by the laws of the state of Californiaa, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Arthur I. Rothafel Inc., and ___________ products) shall be in the state or federal courts located in Maricopa County, Arizona USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Arthur I. Rothafel Inc., and ___________ products) must be commenced within one (1) year after the claim or cause of action arises. Arthur I. Rothafel Inc., and ___________’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.Arthur I. Rothafel Inc., and ___________ may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Arthur I. Rothafel Inc., and ___________ may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
INDEMNITY
You agree to indemnify and hold Arthur I. Rothafel, Inc. and ________ and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Arthur I. Rothafel, Inc. and ________ reserves the right to remove your account, revoke your download or cancel and refund your order at any time.