RECHARGE COACH, INC. TERMS AND CONDITIONS OF USE
All materials and information contained herein is provided “as is” and is for educational purposes only. Use of this Website or reliance on any information provided on this Website or otherwise from RC is solely at your own risk. RC periodically changes and updates the information on this Website. Some information on this Website may be out of date at any given time. RC does not endorse or guarantee references or sites listed, and no favorable or unfavorable inference should be drawn from our listing or failure to list any resource here.RC makes a reasonable effort to include accurate, complete, and current information on this Website, however, RC does not guaranty the adequacy, correctness, completeness, accuracy, or reliability of any information on this Website or in the Content, is not responsible for any errors or omissions or for the results obtained from the use of such information and makes no warranty or representation about the accuracy or entirety of such information on its websites or the Content, or the appropriateness for a particular purpose. As the user of this Website and the Content, you acknowledge that you are the recipient of this information and therefore you must take full responsibility for how you use the information on this Website and the Content, and you comprehend and agree that RC is neither responsible nor liable for any claim, loss or damage resulting from this Website usage or the Content.CONTENT ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” RC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RC DOES NOT REPRESENT OR WARRANT THAT:ANY FUNCTIONS CONTAINED IN ANY OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE;THE WEBSITE OR WEBSITE FEATURES ARE DESIGNED TO MEET ANY OR ALL OF YOUR NEEDS;ANY DEFECTS WILL BE CORRECTED; ORTHIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT BE ACCESSED BY UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM RC’S WEBSITES.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.This Website may contain specific health and medical information, none of which should be implied as specific to your personal medical or health condition. No information, expressed or implied, should be deemed or construed as medical, health or professional advice by RC
Limitation of Liability.IN NO EVENT SHALL RC, IT’S OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS WEBSITE OR THE CONTENT OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION CONTAINED ON ANY RC WEBSITES, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON ANY RC WEBSITES, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO RC’s WEBSITES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST RC FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF ANY RC WEBSITE.IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR ANY PART THEREOF OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST RC ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RC TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS). Indemnification.You agree to indemnify and hold harmless RC and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions or your use of the Website or any products, services or information obtained from the Website.
Copyright and Service/Trademarks.Al Content in any form including the compilation thereof, are proprietary to RC and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by RC and Content owned or controlled by third parties and licensed to RC. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.Establishing a Link to This Website.You may not, without obtaining RC ‘s written permission, republish, redistribute or otherwise make any copies of the content on this site as part of the link, including by framing or similar means, or otherwise. You shall not use RC’s name, trademark, symbol or service mark without prior written approval of RC.Termination of Use.RC may, in its sole discretion and with no liability to you and without prior notice to you, terminate your access to this Website.
Amendment of Terms and Conditions. RC has the right to amend these Terms and Conditions at any time without notice to you by posting the revised Terms and Conditions on the Website. You agree that you are bound by those changes by continuing to use the Website.Governing Law and Jurisdiction.Accessing this Website or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access this Website, you agree that the statutes and laws of the State of New York, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this Website and all RC websites and you are responsible for compliance with applicable laws, whether federal, state, or local pertaining to your use of RC websites. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.Dispute Resolution.Any claim or controversy at law or equity that arises out of the Terms and Conditions, this Website or any affiliated website (each a “Claim”), shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), Such arbitration shall be conducted by a single arbitrator and held in New York, New York, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Any claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to litigation and a trial by jury in respect of any dispute (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with the Terms and Conditions. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such a party would not, seek to enforce this waiver of litigation and right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into the Terms and Conditions.