TheRossiterStretching.com and its associated websites, mobile applications, and web applications (collectively, the “Site” or “Service”) is owned and operated by Rossiter Stretching LLC (“RST”). By visiting the Site or using any of the RST Products (as defined below), you agree these Terms of Service (the “Agreement”) in full and without modification.

This Agreement forms a binding contract between you  (collectively “You”, “Client” or “User”)  and RST and governs your use of the Site and RST’s products and services, including (but not limited to) offerings, materials, and courses, whether delivered live, by shipment or accessed online, including, without limitations, RST curriculum, course manuals, books, course content, instructional and test materials, videos, tutorials, testing and assessment materials, membership plans, use and access to website, portals, mobile apps  and related RST resources and services (collectively, “RST Products”) made available to you by RST.

In addition to your agreement by using the RST Products, you must also affirmatively assent to this Agreement before establishing an account with RST, ordering, or enrolling with RST. By clicking “I accept” or ordering, registering in an examination or course with RST, you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, do not click “Confirm Order”, “Submit Order,” “I accept,” or “I agree.”

GENERAL:

Prices, terms, and offerings on RST’s Site are subject to change without notice.

THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” RST ASSUMES NO RESPONSIBILITY FOR TIMELINESS OF THE SERVICE, ERRORS IN CONTENT CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, FAILURE TO STORE ANY PARTICULAR INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, RST PROVIDES THE SERVICE ITSELF, AND ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE RST IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new RST Products, are subject to the then current Agreement.

All users must abide by the Agreement. RST may, at any time and for any reason whatsoever, discontinue said user’s ability to use the Service at any time, and for any reason. In addition, RST has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which RST may find objectionable in its sole discretion.

You may only use the Service for purposes expressly permitted by this Agreement.

You alone are solely responsible for any activity that takes place on the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the RST immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from RST such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the RST contact you about certain services, you authorize the RST to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to RST throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.

As a user of the Service you also understand and agree that the Service may also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that RST shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Service.

YOUR RST ONLINE ACCOUNT:

Before creating an account with RST (“Account”), you will be required to provide certain information. When establishing your Account, you agree to permit RST to store and use your registration data to maintain your Account. You agree to protect any access codes and product codes provided by RST, and not share them with others or permit any unauthorized use of the RST Materials. By establishing an Account, you certify and represent that you will be the person enrolling, using online modules, services, completing and taking the course(s) or assessment(s) and that any attestations which you are required to complete in connection with the previous will be completed only by you.

In order to use certain aspects of the Service you may be required to register for an account. RST refers to registered users as “members.” Members agree to each of the following additional terms:

  • In consideration of your use of the Service, you represent that you are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
  • You agree to provide true, accurate, current and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, RST has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
  • You understand, acknowledge, and agree that in order to participate in some of the Services offered through the Site, you may be required to provide RST with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information
  • You agree that RST may, for any reason in its sole discretion, and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination may include, but shall not be limited to: (i) a breach or violation of the Agreement, the RST Code of Ethics or other RST policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in RST’s sole discretion and that RST will not be liable to you or any third-party for any termination of your account, password, username, deletion of materials or information, and/or access to the Service.
  • You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
  • You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the RST immediately. It is up to you to maintain the confidentiality of your password and account. The RST is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.

RULES OF BEHAVIOR:

  • You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
  • You shall not violate the safety, privacy, or publicity rights of others.
  • You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
  • You shall not take any action which may subject any third-party individual, entity, or physical location, to any sort of physical or emotional harm.
  • You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
  • You shall not take any action which could potentially exploit or harm children either physically, emotionally, or by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
  • You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
  • You shall not take any action which may subject other users or the public to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
  • You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to RST at any time upon RST’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.
  • You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else’s username or password.
  • You shall not use the Service for any illegal, immoral, or unauthorized purpose.
  • You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.
  • You shall not modify, edit, or delete any content or communications of the Service and/or of other users of the Service.
  • You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
  • You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Service.
  • You shall not take any action which disrupts the normal flow of content on the Site, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Site.
  • You shall not interfere with or disrupt the Site, the Service, the servers, or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
  • You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
  • You shall not engage in any “spamming” of any kind, including without limitation ad spamming.
  • You shall not use RST’s or Site’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the RST or the Site is associated with, or endorses, or is in any way connected with you or your business.

INTELLECTUAL PROPERTY:

You understand and agree that RST Materials constitute intellectual property and proprietary material that RST, its affiliates, or its licensors are protected under intellectual property laws in the United States and other countries, including, but is not limited to, copyright. RST and its licensors reserve all rights not expressly granted to you under this Agreement. RST and other RST trademarks, service marks, graphics, and logos used in connection with the RST Materials are trademarks or registered trademarks of RST in the United States and other countries. Other trademarks, service marks, graphics, and logos used in connection with the RST Materials may be their respective owners’ trademarks. RST and its licensors do not grant you any right or license connected with any of the other trademarks, service marks, graphics, or logos.

You agree to abide by all copyright notices and restrictions contained on www.therossiterstretching.com, associated sites and mobile apps on the RST Materials and by this Agreement. All RST Materials are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the RST Materials. All rights are reserved.

RST respects the intellectual property of others and RST requires that you do the same. In certain circumstances and at its discretion, RST may, but is not obligated to, disable, suspend and terminate the Accounts of members who may be infringing on the rights of others.


NO RESALE:

You agree not to, without the express prior written consent of RST in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

NO CO-BRANDING OR FRAMING:

You may not use or authorize any party to co-brand or frame the Service without the express prior written permission of an authorized representative of RST, as applicable, in each instance. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Service, in whole or in part, and/or any content accessible within the Service. For purposes of this Agreement, “framing” refers to displaying any RST associated Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from RST.

LICENSE TERMS:

RST Materials made available to you by RST are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to RST. Your license to use RST Materials is subject to your prior acceptance of this Agreement, and you agree that these terms will apply to each RST Material, including any updates or enhancements to it. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, RST grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the RST Materials (except as and only to the extent that the foregoing restrictions are not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the RST Materials). You agree to use RST Materials only as permitted under this Agreement and any terms delivered with the RST Materials. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use RST Materials. If RST reasonably suspects that you have violated this Agreement, or if you have not paid any fees that are due and payable by you to RST, then, without notice to you, RST may terminate this Agreement, the license, and your Account and deny you further access to RST Materials. Upon termination of this license, you shall cease all use of the RST Materials and remain liable for paying all that may be due and payable by you to RST. RST reserves the right to modify, suspend, remove, or disable access to any RST Materials at any time without notice. In no event will RST be liable for making any such changes.

ELIGIBILITY FOR CERTIFICATION:

Certification Candidates must be at least 18 years of age to be granted a certification. Enrollment fees and subscription fees must be paid in full before candidates are eligible to take a course or use materials. RST reserves the right to set and modify the criteria for certification and membership at any time.

RST CODE OF ETHICS:

All certified and non-certified professionals agree to adhere to the standards outlined in the RST Code of Ethics. RST may revoke or otherwise take action concerning the certification or application of an individual who violates the RST Code of Ethics. Also, RST may revoke or otherwise take action concerning the certification or application of an individual who is or has been convicted of, plead guilty to, or plead nolo contendere (no contest) to a felony or misdemeanor. Misdemeanors may be appealed to RST by the candidate.

PAYMENT:

RST accepts payment in the form of personal or business checks, cash, money order, Stripe, PayPal, Visa, MasterCard, and American Express or purchase order. RST may change the accepted methods of payment at any time in its sole discretion. If payment is incomplete, such as a returned check or declined credit card, the Account will be placed on hold, and the member will be unable to access or complete any online material, quizzes, courses or exams until full payment is received, processed, and approved. RST has the right to reject any order and limit quantities on any order, for any reason, at its sole discretion.

Depending on the Services sought or the subscription enrolled in, the Services and corresponding fee structure you select, may automatically renew in the case of a subscription, at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. In order to make said payments required for the Services offered, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time.

RETURNS, REFUNDS, EXCHANGES:

Once you have agreed to the terms and conditions and the enrollment policy and your product(s) have been shipped, there are no refunds, exchanges, or transfers under any circumstance. If an error occurs in fulfillment, contact RST within 24 hours of placing your order for approval. Sales promotions and discounts coupons may not be combined, nor may they be applied after purchase/enrollment.

RST education, training, and certification course enrollment, course fees, course materials, and shipping fees are non-reusable and non-returnable. No exceptions. All students have the opportunity to complete the course they have enrolled in a set time frame. There are no refunds if you choose not to complete the RST program that you have registered. Please refer to our Cancellation Policy for more details. RST does not guarantee any job placement or employment upon completion of certification programs.

RST CERTIFICATIONS:

Certification is available for the RST Certification programs only, listed under RST Level 1, Level2, Level 3, Level 4 & Instructor Training Courses. You agree not to disclose any portion of the course content or exam to any third party. Any unauthorized disclosure may subject you to civil and criminal penalties. RST reserves the right to pursue any legal action if you violate these terms. Course Certifications are valid for two years and must be renewed by submitting the RST Recertification Application and maintaining an active membership status along with the prevailing and applicable recertification fee. Certification for any RST Certification course with approved Continuing Education Units (CECs), where applicable, will be awarded upon successful completion of the requirements of the course you are enrolled, within the designated time.

RST RETEST POLICY:

RST advanced or instructor certification candidates who do not successfully pass their examination may purchase a retest. Candidates may purchase multiple retests provided that the original version of the examination is currently available. Candidates who purchase retests have 30 days from the date of purchase to attempt the examination. Candidates must retest within two months of the first testing attempt.

RECERTIFICATION:

All RST certifications must be renewed every two years. Late fees apply if past 30 days of the expiration date. Certifications will not be renewed if expired greater than one year.

Specific Certification Renewal Requirements are located on therossiterstretching.com website.

PROMOTIONS AND DISCOUNTS:

For corporate pricing and bulk enrollment discounts for courses, please contact RST at info@rossiter.com for more details. Discounts, promotions, and credits may not be combined with other offers. Additional restrictions may apply.

SHIPPING:

After payment is authorized, in-stock items usually ship or are electronically delivered within 24-48 business hours for orders placed before noon EST, Monday through Friday, excluding holidays. Exceptions may apply.

INTERNATIONAL SHIPPING:

International orders that include physical materials are shipped FED EX or UPS or USPS. The customer will be responsible for customs fees and any other associated fees for shipment to their country.

CONFIDENTIALITY POLICY:

Except as permitted by this Agreement and the RST website Privacy Policy, no member of RST, RST Coaches, RST Instructors, RST employees or RST Contractors, shall divulge confidential course, techniques, examination questions or member information without written consent from RST. All member inquiries will be conducted only with enrolled Coaches other than as otherwise permitted by RST’s Privacy Policy or the Coach’s opt-in elections and currently certified member status. Certified member information and confidential information consists of your application status, your raw certification examination scores, your phone number(s), your email address(es), and your residential address(es). You acknowledge and agree that your certification status is not confidential information and that RST may disclose your current certification status, including expiration dates, to third parties. Exam questions, and course content are not available for review. RST will not discuss exam questions or content with the candidate or any third party.

DISCLOSURES REQUIRED BY LAW:

RST hereby reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. RST reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RST to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Agreement. RST, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that RST shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD RST HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RST, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

TCPA AND ELECTRONIC COMMUNICATIONS:

Through the use of the Service, users also hereby expressly consent and agree to receive electronic communications from RST or other users with whom users connect with through the Service, which may come in the form of email or SMS text messages. The ways in which the RST shall communicate with users may include but not be limited to mediums in the form of emails, SMS text messages, posts, notices, or alterations on the Website, or through other electronic communication mediums. Users hereby consent and agree that all agreements, notices, disclosures and other communications that RST provides to users electronically shall suffice to satisfy any and all legal requirement that such communications are made in writing. RST may send users electronic newsletters through email, and may send users emails on behalf of third-parties containing promotional offers or sales which RST may determine may interest you. Users may unsubscribe from the receipt of such emails at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that a user unsubscribes from the marketing emails, if said user is registered with an Account or have requested that RST contacts user about certain services, user thereby authorizes RST to send user important notices about such services and any pending transactions relating to these services, to any email address user has provided to RST throughout the registration process, or at any other time thereafter. It is user’s sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to user are not blocked or re-routed to spam folders. Users hereby agree and acknowledge that through the use of the Services, said user’s contact information may be shared with other users. Users hereby agree and acknowledge that RST shall have no liability for any damages, costs, or other losses which may be incurred by user or any third-party as a result of the sharing of such contact information. RST hereby disclaims any and all liability or responsibility with respect to any potential TCPA (Telephone Consumer Protection Act of 1991) or CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) claims, or alleged violations thereof, which may result from the sharing of any contact information of any user, through the use of the Services.

PERSONALLY IDENTIFIABLE INFORMATION (PII):

RST cautions you against giving out any personally identifying information about yourself, your children, or any other person in the use of any third-party link or interaction accessed through the Service. In an effort to preserve your privacy, RST agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at https://www.therossiterstretching.com/privacy-policy

COMPLIANCE WITH LAWS / EXPORT:

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of RST Materials. You will not use the RST Materials in any way that is prohibited by U.S. law, or that would violate U.S. export regulations. You may not use or otherwise export or re-export the RST Materials except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. RST Materials may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.

USE OF LINKS:

RST may include material from third parties or include links to third-party websites in its RST Materials. Such material is provided as a convenience to you, and RST assumes no liability or responsibility for such third-party materials or websites. Please note that these third-party websites may have privacy policies that differ from RST’s and RST encourages you to read those policies carefully. The RST Privacy Policy applies only to information collected by the RST website. You hereby acknowledge and agree that RST is not responsible for the availability of such services, links, resources and content, and does not endorse, and is not responsible or liable for, any services, content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the RST is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links, or for any failures and/or disruption to your personal property or your computer system that results from your use of any such services, links, or for any intellectual property or other third-party claims relating to your posting or using such links.

DISCLAIMER OF WARRANTIES:

RST materials, including but not limited to RST courses, RST Technique Videos, mobile apps, services, and related materials and products, are provided to you “as is” and “as available,” without any kind of warranty. RST disclaims all warranties with respect to all RST materials and services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or title, quiet enjoyment, and non-infringement. No oral or written statement by any RST employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply.

You expressly agree that your use of, or your inability to use, RST materials and services are at your sole risk. RST does not warrant the accuracy or completeness of any information, text, graphics, links, or other items contained within RST materials or any errors, omissions, or any outcomes related to your use of RST materials. RST takes precautions to protect RST but makes no warranties respecting any harm caused by the transmission of a computer virus or other such computer program. RST does not guarantee or warrant that your use of RST materials or services will be error-free or uninterrupted. RST materials and services are provided to you for entertainment purposes only, with the understanding that RST is not rendering to you any medical, legal, accounting, or other professional service or advice. If such information or additional expert assistance is required, a competent professional’s service should be sought immediately.

No advice or information, whether oral or written, obtained by you from RST or through or from the Service, shall create a warranty not expressly stated in this Agreement.

LIMITATION OF LIABILITY:

You expressly understand and agree that RST will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if RST has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service itself, or the content or information offered through the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Service, the cost of procurement of substitute goods or services resulting from any materials, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service or your use thereof. In no event will RST be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind. You hereby acknowledge and agree that when engaging in the use of the Service, you shall follow and strictly abide by any and all applicable laws and regulations pertaining to such use, and that RST shall in no way, shape, or form be liable for any damages, fines, or other unintended consequences resulting from any violation of such applicable laws or regulations. You shall be solely responsible for your use of the Service, and you hereby agree to indemnify, defend, and hold RST, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any damages or fines resulting from your violation of any applicable laws and regulations, through the use of RST’s Service.

INDEMNIFICATION:

By accepting this Agreement and using the RST Materials, you agree that you will indemnify and hold RST, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the RST Materials, or any action taken by RST to protect its intellectual property, including, but not limited to, suspension or termination of your access to RST.

MEDICAL DISCLAIMER:

The Service does not contain medical advice, diagnosis or treatment, nor does RST provide the same. The content of the Service, such as text, graphics, images and other material are intended for entertainment and educational purposes only and not for the purpose of rendering medical advice of any sort. The content of the Service is not intended to be a substitute for professional medical advice, diagnosis or treatment. Although RST makes efforts to keep information on the Site updated, RST cannot guarantee that the information on RST’s Site reflects the most up-to-date research.

Please consult your physician for personalized medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on RST’s Site.

Before engaging in any activity, using any products, taking any medications, over-the-counter drugs, supplements or herbs, always consult a physician for a thorough evaluation. The RST does not endorse any activities or exercise programs, products, medications, remedies, vitamins or herbs of any kind. A qualified physician should make a decision based on each person’s medical history and current prescriptions. The product or medication summaries provided do not include all of the information important for any person to use and should not be used as a substitute for professional medical advice. A licensed physician should be consulted concerning any questions that you have.

In a medical emergency call 911 immediately. RST does not recommend or endorse any specific activity, workout routine, test, physician, product, procedure, opinion or any other information provided on its Site. Reliance on any information provided by RST, its employees, any third-parties, or any other visitors to the Site, is solely at your own risk.

TRADEMARKS:

RST owns RST’s logos, trademarks, and service marks (“Marks”). You may not use the Marks without the prior written approval of RST.

MISCELLANEOUS:

RST reserves the right to update and modify the terms of this Agreement without advance notice to you, and such changes will be effective immediately when posted on this site. They will govern your continued use of RST Materials.

This Agreement is governed by the laws of the State of Ohio, U.S.A., without affecting its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Ohio, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No RST employee or representative has any power or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.

This Agreement is the entire and exclusive Agreement between RST and you regarding your use of RST Materials. It replaces any prior agreements between you and RST regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions remain in full force and effect. RST’s failure to enforce any right under this Agreement will not constitute a waiver of such a right or any other right under this Agreement. RST is not responsible for failing to fulfill its obligations hereunder for reasons outside of RST’s control. This Agreement, and the license rights granted herein, are not assignable by you, and any attempt to do so is of no force and effect.

RST reserves the right to take steps RST believes are reasonably necessary or appropriate to enforce and verify compliance with any part of this Agreement. You agree that RST has the right, without liability to you, to disclose any registration data and account information to law enforcement authorities, government officials, and a third party, as RST believes is reasonably necessary or appropriate to enforce and verify compliance with any part of this Agreement (including but not limited to RST’s right to cooperate with any legal process relating to your use of the Services and Materials, and a third-party claim that your use of the Services and Materials is unlawful and infringes such third-party’s rights).

PRIVACY STATEMENT & TERMS OF USE:

Your use of RST’s Materials is subject to the RST’s Privacy Statement, Enrollment Agreement, and this Agreement.