Terms of Service

BY VISITING https://rickstype.com YOU ARE CONSENTING TO OUR TERMS OF SERVICE (the “Terms of Service”).
 
OVERVIEW
The terms “we”, “us”, and “our” refer to rickstype.com (the “Company”). The term the “Site” refers to https://rickstype.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Site (also referred to as “Content”) is our property and is protected by United States intellectual property laws.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. On the Site we provide: coaching, and educational services to men and women over 18 years of age and corresponding blog posts, videos, handouts, ebooks, and programs (the terms “Service” or “Programs”)
 
Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them.
 
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.
 
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
 
EARNINGS DISCLAIMER
By purchasing the Program(s), you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. The Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in our Program(s) is a promise or guarantee to you of future earnings.
 
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.
 
REFUSAL OF SERVICE
We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order or request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order or request after payment has been processed, we will refund your money.
 
CANCELLATIONS, REFUNDS & RETURNS
All digital, downloadable materials are treated in the same way most professional audio and book retailers offer their products.  It is an industry standard not to offer refunds on the products since they are downloaded and viewed.  (Any supplement, food or other product returns not purchased through rickstype.com must be managed directly with the product's company). Refunds are not offered for services/coaching/consulting. Again, refunds are not offered for services, materials, and programs.
 
ERRORS, INACCURACIES, AND OMMISIONS
Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
 
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.

REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to coaching@rickstype.com

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

CHANGED TERMS
We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
 
OUR PRIVACY POLICY
Please review our Privacy Policy located here.
 
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with rickstype.com. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
 
LINKS TO OTHER WEBSITES
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found here.

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
 
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
 
GOVERNING LAW; VENUE; MEDIATION
The Terms of Service shall be governed by the laws of the State of California, and any disputes arising from it must be handled exclusively in the federal and state courts located in County of San Diego, CA. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
 
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
 
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
 
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by you is invalid.

HEALTH COACHING AND ONLINE PROGRAMS
Agreement and Understanding Prior to Service or Product Purchase, or Consultation (free or paid) with rickstype.com
 
Prior to retaining services or purchasing products from rickstype.com, you certify that you clearly understand the following:

You hereby acknowledge that Rick Stype states to me that he is an educator and a health coach and that he is not a licensed (allopathic) medical doctor or licensed primary health care provider.

You state that you come to rickstype.com with the purity of purpose of seeking more information.  You state that you do not come with any forethought or desire for entrapping rickstype.com into an illegal statement.  If you are a member of the A.M.A., the F.D.A, or any law endorsement agency, or any city, county, state or federal regulatory agency, then you will identify yourself as such before the health coaching program or consultation begins.

You understand Rick Stype's sole intention is offering general educational information you request.  If you choose to use this information to work on yourself then you affirm that the responsibility is yours. You understand rickstype.com recommends that one should never use information provided in any way that contradicts, conflicts, or opposes a course of treatment recommended by a primary health care provider or licensed medical doctor.

You understand that rickstype.com is not providing medical services.  You will not consider anything shared to substitute in any way for consultation, diagnosis and treatment by a licensed primary health care provider or licensed medical doctor.  rickstype.com / Rick Stype is not a licensed medical doctor (M.D.) or licensed primary health care provider and does not diagnose, prescribe, cure, prevent or treat symptoms, defects, injury or disease.

Online coaching programs are for educational purposes only.  If you want medical advice or treatment, rickstype.com encourages you to consult with a licensed primary health care provider or medical doctor.  You consult with rickstype.com / Rick Stype in his capacity as a Health Coach who conveys self-help information that people can use to increase their own health and well-being.  You affirm your right to self-care and take full responsibility for your health.

You acknowledge that all digital, downloadable materials are treated in the same way most professional audio and book retailers offer their products.  It is an industry standard not to offer refunds on the products since they are downloaded and viewed.  (Any supplement, food or other product returns not purchased from rickstype.com must be managed directly with the product's company.)  Again, refunds are not offered for services, materials, and programs.
 
CONTACT US
By using my Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Terms of Service.  You understand that by purchasing a coaching program, e-book, program or other services (free or paid) on rickstype.com, that you are agreeing to these Terms of Service.

If you have any questions about the Terms of Service, please contact us at: coaching@rickstype.com

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