Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive the right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
PHYSICAL ACTIVITY NOTICE
Although the Services and Content on our website may include features that promote physical activity, please consider the risks involved. Consult with your medical professional before engaging in any physical activity. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, or exercises. Rapid Reboot is not responsible or liable for any injuries or damages you may sustain that result from your use of our website or the content available on our website or through the Services, nor your use of, or inability to use, the features of the Services, our products and/or our Services.
Rapid Reboot reserves the right to accept or cancel any order at any time. All orders placed through the Services are subject to Rapid Reboot’s review and acceptance. This pertains to any orders, whether or not they have been confirmed, for any reason, and without liability to you or anyone else. A refund will be issued from Rapid Reboot in the event that your order was cancelled after your credit card was already charged.
LINKS TO THIRD-PARTY WEBSITES
USER INTERACTION DISCLAIMER
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Rapid Reboot is not responsible or liable for the conduct of any user. Rapid Reboot is not responsible or liable for any loss of damage resulting from any interaction with other Services users, persons you meet through the Services or person who find you because of information posted on, by or through the Services. Rapid Reboot reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. You agree to take reasonable precautions in all interactions with other users on the Services.
SUBMISSIONS BY USERS AND USER GENERATED CONTENT (“User Generated Content”)
You shall be solely responsible for your own Content and the consequences of submitting your Content on our Services. Do not take any action or post anything that may expose Rapid Reboot or its users to any harm or liability of any type.
You represent and warrant that (i) you own the UGC posted by you on or through the Service; and (ii) the posting and use of your UGC on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
Be honest. Do not misrepresent yourself, your age or your affiliation with any person or entity. You agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. Do not post any material on the Services which compromises the privacy or security of anyone, including yourself. Do not impersonate any person or entity, including without limitation athletes or Rapid Reboot employees.
You agree to not interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code. Do not circumvent or modify any Services security technology or software.
Rapid Reboot reserves the right to edit, remove, or refuse to post any UGC for any reason, including comments that, at Rapid Reboot’s sole discretion, are not constructive or relevant.
CONTENT USE RESTRICTIONS
Rapid Reboot reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you choose to deactivate your account, your data will no longer be accessible. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any account for any reason.
You agree to defend, indemnify and hold harmless Rapid Reboot Recovery Products, LLC, its affiliates, employees, officers, agents, directors, managers, members, licensors and suppliers and successors and assign from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your UGC, your use of the Content, your use of the Services and our products, your conduct in connection with the Services or with other users of our Services and this website, or any violation of the Terms or Use, any law, or the rights of any third party. This obligation shall survive the termination of expiration of these Terms and Conditions and/or your use of our Services.
DISRUPTION OF SERVICES
You acknowledge and understand that from time to time the Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that service malfunctions may occur for reasons beyond Rapid Reboot’s control or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures. You agree that we will not be liable to you or to any third party in the event the Services are inaccessible or malfunction, or for any disruption in the Services.
You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Services. Consequently, when accessing our website via your mobile device you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the Services. You accept responsibility for any such charges that arise.
You and Rapid Reboot agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Rapid Reboot agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association. We are based in Utah, USA; any legal action against Rapid Reboot related to our Services must be filed and take place in Utah.
Please visit www.adr.org for more information about the current Commercial Arbitration Rules.
Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgement on the arbitration award may be entered in any court that has jurisdiction. You understand that by agreeing to the Terms, you and Rapid Reboot are each waiving the right to trial by jury or to participate in a class action or class arbitration.
EXCEPT WHERE PROHIBITED BY LAW, RAPID REBOOT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSABLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVALIABLE” WITH ALL FAULTS BASIS. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, AVAILABILITY, OR RELIABILITY OF ANY OF THE SERVICES OR ANY CONTENT. RAPID REBOOT IS NOT RESPONSIBLE OR LIABLE FOR ANY UCG AVALIABLE THROUGH OUR SERVICES OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICES AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE USED TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, VIRUSES, OR OTHER HARM OF ANY KIND. RAPID REBOOT CANNOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES, PRODUCTS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, (ii) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS OR ERROR-FREE OR FREE FROM OTHER HARMFUL ELEMENTS OR (iii) ERRORS WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL RAPID REBOOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNTIVE, INCIDENTIAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (i) THE SERVICE; (ii) THE CONTENT OR UGC; (iii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (iv) ATTENDANCE AT A RAPID REBOOT EVENT; (v) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERTION; OR (vi) ANY DAMAGE TO ANY USER’S DEVICE OR EQUIPMENT OR TECHNOLOGY INCLUDING WITHOUT LIMITATION DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OF ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF RAPID REBOOT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILTIY OF SUCH DAMAGES. IN NO EVENT WILL RAPID REBOOT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION DEATH OR PERSONAL INJURY. YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SERVICES. THAT SAID, IF RAPID REBOOT IS FOUND LIABLE FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES, RAPID REBOOT’S LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).