ATTENTION:
The document below constitutes a binding agreement. This agreement is between You, or the entity committing to this agreement (hereafter “Customer”, “You” or “Your”) and the owner/administrator of this website, (“Our”, “Us”, or “Company” or collectively “Parties” or “We”).
The conditions set forth here, plus any additional conditions, terms or covenants included via hyperlink or referenced herein (hereafter “Terms”, “Terms of Use” or this “Agreement”) shall be the governing terms for Your access to and use of Rawmana Fitness’ website and subpages (hereafter, the “Website”).
IT IS STRONGLY RECOMMENDED THAT YOU THOROUGHLY REVIEW THIS DOCUMENT IN ITS ENTIRETY AND UNDERSTAND THESE TERMS BEFORE ACCESSING, USING OR BUYING ANY PRODUCT OR SERVICE VIA THE WEBSITE.
TERMS OF — USE ACCEPTANCE
When You browse, visit or use this Website for information and/or place an order via the Website, that constitutes Your acceptance and agreement of these Terms of Use and Our Privacy Statement (without limitation or qualification).
Accessing, using, or ordering products via the Website shall serves as your statement that You have read and understand this Agreement and consent to all Terms. Exit the Website immediately if you do not agree to any of the Terms of Use and Privacy Statement declarations.
Superseding all prior contemporaneous agreements, warranties, representations, and/or understandings, these Terms of Use are the complete and comprehensive agreement between Rawmana Fitness and You. This includes the Website, and the subject matter of these Terms of Use. These Terms of Use are subject to the Electronic Signatures in Global and National Commerce Act. Your agreement is manifested by any action indicating Your assent, including (but not limited to) clicking any link or button indicating “”I Agree”; “Submit”, or a creation of like syntax. This includes using the Website, even if you have not read these terms. Please print and retain these terms for your personal reference.
If accessing or using this Website would violate the laws of your state, province or country, you agree not to use the Website. The “last modified” date which appears at the bottom of this document indicates the latest update status of this document, and all updates/edits supersede all previous version upon posting on the Website.
TERMS OF — USE CHANGES
The Company may, at its sole discretion, change, add, modify and/or remove any part of the Agreement or other agreements or policies relating to the Website. This may be done in any time or manner. Prior notice to You will not be given. All such revisions are legally binding, and periodic visit to this page to review changes to which You are bound are recommended. The most current Terms of Use may be viewed at any time by clicking on the “Terms and Conditions” hyperlink, found on the bottom of each webpage of this Website. Your continued use of this Website constitutes ongoing acceptance of any revisions, edits, or changes to the Agreement and the Privacy Statement.
Through Your continued use of this Website, You assent to follow all applicable laws and regulations of the United States. Website content is protected by law, including but not limited to, United States copyright and trademark law and international treaties. There shall be no implication of representation that Website content is suitable or free for utilization in other jurisdictions, especially those where their contents are illegal is prohibited. Accessing the Website outside the United States shall be on one’s own initiative and in understanding of the need to comply with applicable local laws.
REPRESENTATIONS FROM YOU
When using this Website and Our Product, You assent that:
You are over the age of eighteen (18)
You have read and understand the terms of this Agreement
Rawmana Fitness has the right to rely upon all information provided to Rawmana Fitness by You
Rawmana Fitness may contact You for any purpose, including but not limited to: Follow-up calls, Customer satisfaction surveys and/or Inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY
The collective contents of the Website (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. It is the exclusive property of Rawmana Fitness and/or its licensors. By using the Website and/or purchasing products, you accrue no license or ownership rights in or to any of the Intellectual Property. Where not permitted by law, none of the Intellectual Property shall be copied or used by You without Rawmana Fitness’ prior express written permission.
WEBSITE — USER CONDUCT AND RESTRICTIONS
You must be over 18 to access Our Website. As a user of the Website, You agree to abide by the following:
You shall not upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
You shall not conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner;
You shall not use the Website for any illegality or unlawful purposes;
You shall not upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
You shall not upload, post, email, or otherwise transmit any content that is the intellectual property of another.
You shall not upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
You shall not upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You shall not interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
You shall not intentionally or unintentionally violate any applicable local, state, national, or international law.
Unless You have the express written permission of Rawmana Fitness or its agents, You will not:
Duplicate the Website where not expressly permitted per the terms of this Agreement or applicable law
Create derivative works based on the Website or Rawmana Fitness Intellectual Property;
Remove any copyright or other proprietary notices from the Website or Rawmana Fitness’ Intellectual Property
Creates frames or use framing techniques connected to the Website or Rawmana Fitness’ Intellectual Property
Create meta-tags or other “hidden text” with the Website’s name or marks;
Create any kind of “Deep-link” to any page of the Website;
Attempt to get around encryption or other security tools on the Website
Engage in theft of user names and passwords or use another’s user name and password in order to gain access to a restricted area of the Website
Attempt data mining, use bots, or try similar data gathering and extraction tools on the Website;
Engage devices, software or routines to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
Create an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
Rawmana Fitness reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, at Our sole discretion:
Violates any of the terms of this Agreement
Abuses the Products and/or services We provide
Fails to provide sufficient information to allow for identification of real name, address, and/or other contact information.
NOTICE REQUIREMENTS
Any notice We may be required to give according to the terms of this Agreement shall be provided to You by postal mail or by email at Our discretion. Email notification will be sent to the last known email address provided to Rawmana Fitness and shall be deemed delivered once sent.
LINKS IN THE WEBSITE AND DEEP LINKING
Periodically throughout the Website, there may be links to other web sites and/or resources. These websites have not been reviewed for accuracy, content, privacy policies or availability of information and Rawmana Fitness is not responsible for data found on websites that link to or from any Rawmana Fitness Website. Any guarantee of Your satisfaction with a 3rd party product or service is disclaimed by Rawmana Fitness. Rawmana Fitness further disclaims any perceived endorsement of merchandise, accuracy, or reliability of information contained in third-party sites or content.
Rawmana Fitness disclaims any implied or perceived representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You give to a third party, and You hereby irrevocably waive any claim against Rawmana Fitness with respect to such sites and third-party content. You are encouraged to make Your own investigations before proceeding with any online or offline transaction with a third party. The Company and its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents disclaim any liability any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages from your use of third-party material or third-party sites linked to this Website.
Under no circumstance shall any link to the Website be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to https://www.rawmanafitness.com
FORCE MAJEURE
Any failure to perform due to unforeseen circumstances or to causes, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Rawmana Fitness performance shall not be the liability of The Company.
INDEMNITY AGREEMENT AND STATEMENT OF BINDING ARBITRATION
As per the terms of this agreement, Rawmana Fitness is defended, indemnified, and held harmless, as are its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to the term “costs” as defined by the Federal Rules of Civil Procedure, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement.
You shall be promptly notified by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Rawmana Fitness does not hear from You promptly, Rawmana Fitness reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We Agree to First Contact Each Other With Any Disputes Before Going to Another
We each agree to first contact each other before going to another party with any disputes. We each agree to provide a written description of the problem, all relevant documents/information, and a proposed resolution.
Rawmana Fitness will contact You by letter at the billing address You provided Us.
We Each Agree To Arbitrate Disputes in Lieu of Court Action
We each agree to finally settle all disputes only by arbitration (as defined and subject to any specific exceptions below). Under the terms of arbitration, there is no judge or jury and review is limited. Arbitrated decisions are final and binding without appeal.
However, as would happen with a court, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The decision and award are binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We also each agree as follows:
“Disputes” are any claims or controversies related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes any claims brought against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that We bring against You.
If either party wishes to engage in arbitration, written notice shall be sent to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution.
We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate; after that time period
We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions shall govern all questions of disputes suitability for arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. Copies of procedures, rules, and fee information are available via the NAF at 1-800-474-2371 or www.adrforum.com.
Unless agreed otherwise and accepted by both parties, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
Both parties agree not to pursue arbitration on a consolidated or class-wide basis.
Both parties agree that any arbitration will be solely between each other and not brought on behalf of or together with a third party claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
Each party agree to be responsible for their own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. An exception to this is Rawmana Fitness’ agreement to cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 Rawmana Fitness; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Class Actions Prohibited
WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS. NEITHER PARTY SHALL JOIN A CLAIM WITH THE CLAIM OF ANY THIRD PARTY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF A THIRD PARTY UNDER ANY CIRCUMSTANCE.
JURY TRIAL FOREGONE
WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY TO THE FULL EXTENT ALLOWED BY LAW.
GOVERNING LAW
The laws of the State of Utah, excluding its conflict of law provisions, shall exclusively govern the terms of this Agreement and any issue or dispute stemming or otherwise related to this Agreement or Your Website usage, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Rawmana Fitness.
SEVERABILITY
If any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof are found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder will continue in full force and effect.
NO WAIVER
Any term, clause or provision hereof held invalid or unenforceable by a court of competent jurisdiction, shall not affect the validity or operation of any other term, clause or provision. The invalid term, clause or provision shall be deemed to be severed from this Agreement forthwith.
HEADINGS
Headings are the convenience of reference only. They shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This document is the entirety of the agreement between Us and You with respect to Your access and use of the Website and/or Products. This agreement in its current form shall replace any and all prior understandings or agreements, written or oral for Rawmana Fitness.
MODIFICATIONS OF AGREEMENT
Any of the provisions posted herein may be changed at any time. It is Your responsibility to review these terms and conditions on each visit to the Website. Ongoing use constitutes Your acceptance of any and all changes. We do not and will not accept to any duty to provide You with notice of any change to this document. Without express written affirmation from Rawmana Fitness, You may not amend any part of these terms and/or conditions.
Effective Date: May 18, 2012
Copyright © 2012 www.rawmanafitness.com All Rights Reserved.