Terms, Conditions, and Privacy Policy

TERMS OF USE

BEFORE USING THE WEBSITE OR PRODUCT, PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using this website or other Rapid Reboot product or service (collectively the “Services”) on any computer, tablet, mobile phone or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. ANY PARTICIPATION IN THE SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT.

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.

Effective upon its posting to the Services, Rapid Reboot may change these Terms of Use at any time without notice. Your continued use of the Services shall be considered your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, please do not use our Services.

 

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.

 

PRODUCT ORDERS

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

Rapid Reboot may provide access to information, products or services offered on websites that are owned or operated by other companies (“third-party” websites). While we do our best to provide you with helpful, trustworthy resources, Rapid Reboot cannot endorse, approve, or guarantee information, products, services or recommendations provided at a third-party website.  Since we may not always know when information on a linked site changes, Rapid Reboot is not responsible for the content or accuracy of any third-party website.  Rapid Reboot shall not be responsible for any loss or damage of any sort resulting from the use of a link on its website, nor will it be liable for any future products or services advertised or provided on those linked sites.  When you visit a third-party website using a link on Rapid Reboot website, you will no longer be protected by the Rapid Reboot Privacy Policy or security practices.

 

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.

 

 

INTELLECTUAL PROPERTY

All intellectual property on our website and offered through our Services, is protected by copyright, trademark, patent or other laws, and is owned by Rapid Reboot or its licensors. Intellectual property includes, but is not limited to: text, interactive features, photos, sounds, music, graphics, videos, scripts, software, code, trade secrets, processes, data, formula, information, all work products developed in whole or in part by Rapid Reboot, and all other website content (“Content”). Content is protected as a collective work under the United States copyright law, international conventions and other intellectual property laws and is the property of Rapid Reboot. This includes all present and future inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copywrite and corresponding property rights under the laws of any jurisdiction.  Except as otherwise indicated on our website, all trademarks, service marks and trade names (e.g., the Rapid Reboot name and design and “Train. Reboot. Repeat.”) are owned exclusively by Rapid Reboot. You may only use the Content as expressly set out in these Terms of Use.  Rapid Reboot owns all Intellectual Property rights in the product and company branding.

 

SUBMISSIONS BY USERS AND USER GENERATED CONTENT (“User Generated Content”)

You may have the opportunity to register with our website and/or post data, photos and information about you and the use of our products on our site. Also, you may have the opportunity to submit comments, reviews, and feedback regarding our Services and products. Rapid Reboot reserves the right to occasionally hold contests and/or promotions, soliciting users, to encourage the submission and /or uploading of materials from users.  By submitting Content to Rapid Reboot, you hereby grant Rapid Reboot a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, distribute, modify, copy, publish, translate, prepare derivative works of, display, and perform the Content in connection with the Service and Rapid Reboot’s (and its’ successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media now known or hereafter developed.  Any user Content submitted to our website, including but not limited to any suggestions, ideas, messages, comments, feedback, reviews, notes, photographs, images, data, responses to contests, promotions or other requests for materials and all other communications and content sent to use or through our Services (“UGC”), become the property of Rapid Reboot upon receipt and Rapid Reboot shall have no obligation to return such UGC to a user. You hereby waive any claim against Rapid Reboot for any alleged or infringement of any intellectual property rights, other proprietary rights, right of privacy or publicity, moral rights, or rights of attribution in connections with any such UGC, and you expressly release all claims relating to the foregoing.  You agree to submit only UGC that complies with these Terms of Use.

 

POSTING RULES

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 not to post any Offensive Content, including but not limited to content that is abusive, threatening, defamatory, obscene, vulgar, defamatory, harassing, harmful, hateful, illegal, vulgar, or otherwise offensive. Rapid Reboot reserves the right to determine what constitutes Offensive Content.  Do not place on the Services any links which takes users to unlawful material or material which violates these Terms of Use.

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

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and Content for your own personal, noncommercial purposes, provided that you do not (and do not allow a third-party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Rapid Reboot Content or Services.  You agree not to change or delete any ownership notices from materials downloaded or printed from our Services.  Except as expressly permitted by applicable law or authorized by Rapid Reboot, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any other Rapid Reboot Content offered as part of the Services, in whole or in part.  Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

TERMINATION

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.

 

IDEMNITY

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.

 

SERVICE PROVIDER

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.

 

HANDLING DISPUTES

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.orgfor 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.

 

PRIVACY

The collection and use of information through our website or these Services is further described in our Privacy Policy, which is incorporated into these Terms of Use by this reference.

 

WARRANTY DISCLAIMER

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).

If any provision of these Terms of Use is deemed invalid, unlawful, void or unenforceable, the remainder of the Terms of Use shall continue to be valid and enforceable.

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