Terms of Service
Acceptance of Terms
Arthur I. Rothafel, Inc and Private Label Fitness (the "Company") agree to provide a subscription service and provide access to its wholly-owned website DIGITAL WELCOME KIT, Done-4-You Website (the "Site") under any domain name secured by the Company subject to the terms of service set forth in this document. By subscribing, accessing or using this Site, you are agreeing to comply with and be bound by this Agreement. If you do not agree to these terms, you should not subscribe to, access or use our Site. These terms of service may be updated by the Company from time to time. Your use of the Site will be subject to the most current version of the terms of service. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Description of Service
The Company provides subscribers and users with access to a variety of informational content, videos, documents and audio files to be used in conjunction with a subscriber's other health management services.
No information or content found in the DIGITAL WELCOME KIT websites is intended to be medical diagnoses or advice. The Site should never be used as medical advice or used in place of a visit to a medical professional. Always seek the advice of your physician or other qualified health provider prior to starting any new diet, menu, nutrition plan or treatment and with any questions you may have regarding a medical condition. The Food and Drug Administration have not evaluated statements on the Site unless otherwise stated.
The Site is not intended for, and should not be used by individuals who are pregnant, nursing, under 18 years old, have health problems, or have other special nutritional or medical concerns. These individuals have unique nutritional, metabolic, and health needs. The Site will NOT present accurate information to these individuals. Seek the advice of your physician or other qualified health provider.
User Conduct and Responsibilities
You agree not to use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable.
You agree not to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
The Company has the right to suspend or terminate your account and refuse use of the DIGITAL WELCOME KIT website and or related content.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. DIGITAL WELCOME KIT is a dba of Arthur I. Rothafel, Inc. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the following "Limited Right to Use" section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or to the Site, itself. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and the use of your professional clients (but not for resale or redistribution under separate contract or outside the intended scope of DIGITAL WELCOME KIT.
Use of Information
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
General Practices Regarding Use and Storage
You acknowledge that the Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that information will be retained by the Site, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.
You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained by the Site. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DIGITAL WELCOME KIT websites (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Company reserves the right, at its sole discretion, to suspend or deny your access to all or any portion of the Site with or without notice for any reason. The Company may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Site.
We are pleased to hear from our users and welcome your comments regarding our services. If you send us comments, suggestions, ideas, articles, materials, notes, drawings, concepts or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
You agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Service.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NEITHER THE COMPANY, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, SPONSORS, OR OTHERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ALL GOODS, SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE SITE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms of service constitute the entire agreement between you and the Company and govern your use of the Service. These terms of service and the relationship between you and the Company shall be governed by the laws of the State of California. If any provision of these terms of service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term.
Acknowledgement of Terms
BY ENTERING INTO THIS DIGITAL WELCOME KIT SERVICE AGREEMENT, AND BY MAKING THIS PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DOCUMENT AND THAT BY INITIATING A PURCHASE OF THIS WEBSITE SERVICE, YOU ACCEPT THE TERMS HEREIN AND RELEASE DIGITAL WELCOME KIT, PRIVATE LABEL FITNESS, ARTHUR I. ROTHAFEL, INC., THEIR RESPECTIVE AGENTS, EMPLOYEES, AFFILIATES, DISTRIBUTORS, LICENSEES (COLLECTIVELY "RELEASEES") FROM LIABILITY. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY.
YOU HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO LITIGATE against the Releasees and all parties associated with the DIGITAL WELCOME KIT website FROM ANY AND ALL RIGHTS AND CLAIMS which you have or which may hereafter accrue to you and from any and all damages which may be sustained by you directly or indirectly in connection with, or arising out of, your participation in this subscription-based education platform.
At Private Label Fitness, Arthur I. Rothafel, Inc., we recognize that privacy is important. Private Label Fitness, Arthur I. Rothafel, Inc., adheres to the US Safe Harbor Privacy Principles.
Information we collect and how we use it:
- Information you provide: When you sign up for a DIGITAL WELCOME KIT account we ask you for personal information (such as your name, email address and an account password).
- Log information: When you access DIGITAL WELCOME KIT websites, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications ÃƒÆ’Ã‚Â¢€ÃƒÂ¢€Ã…â€œ When you send email or other communications to a DIGITAL WELCOME KIT website, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
- Links: DIGITAL WELCOME KIT websites may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our customized content.
- Providing our services to users, including the display of customized content and advertising;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Developing new services.
Choices for personal information
When you sign-up for, and/or purchase, a DIGITAL WELCOME KIT website we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.
DIGITAL WELCOME KIT websites do not share personal information with other companies or individuals outside of the company. If information is shared, it is only in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Private Label Fitness /DIGITAL WELCOME KIT / Arthur I. Rothafel, Inc., its users or the public as required or permitted by law.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Private Label Fitness / Arthur I. Rothafel, Inc.
9342 Villa Vista Way
Villa Park, CA 92861
When we receive formal written complaints at this address, it is our policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between a WMU101 website service and an individual.