1. Definitions:
“Aggregated Data” means data and information related to your use of the Site and Content that is used by us in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Site or Content.
“Company”, “Rebuildr”, “we”, “our”, or “us” means Rebuildr LLC.
“Content” means the Courses, Services, and/or Products (as defined herein) and any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Rebuildr and/or www.rebuildr.net, and any and all written or downloadable material purchased, viewed, or otherwise offered by Rebuildr and/or on www.rebuildr.net, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials. Content shall include the Courses, Services, and/or Products.
“Courses, Services, and/or Products” means any and all, and whether or not provided by Third-Party Providers (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, software, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
“Customer Data” means, other than Aggregated Data, information, data, videos, photographs, healthcare metrics, or other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you through the Site and Content.
“Download” means the process by which a customer retrieves and saves any digital Course, Service, and/or Product made available on the Site to the customer’s device for offline use, whether such download is provided with or without a prior Purchase.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, an individual’s name, address, email address, telephone number, etc.
“Purchase” means any transaction in which a customer pays to Rebuildr (or Third-Party Provider, as applicable) the applicable fees through the Site in exchange for access to, or the right to use, any Courses, Services, and/or Products offered by Rebuildr or the applicable Third-Party Provider.
“Site” means the Rebuildr mobile application, www.rebuildr.net and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Site Rules:
When using the Site and Content you may not:
• Abuse or harass any person through or on the Site.
• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
• Post or transmit any “spam” or unwanted, unsolicited content.
• Post copyrighted materials, photographs, or content which do not belong to you.
• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
3. HEALTHCARE DISCLAIMER:
You understand and acknowledge that Rebuildr is not a rehab professional or medical provider, however you may be connected with independent, third-party rehab professionals or medical providers through the Site and Content. Rebuildr is not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only. Our Content is not meant as a substitute for professional advice. You are solely responsible for, and expressly release us from any liability related to, any health or lifestyle related decisions made by you in relation to your use of the Site or Content.
4. Third-Party Provider Services:
Certain Content available through the Site may be created, delivered, or performed by independent service providers who have separate agreements with us (“Third-Party Providers”). Third-Party Providers are not employees, agents, or representatives of Rebuildr, and Rebuildr does not control, supervise, or direct the professional judgment or practices of any Third-Party Provider. Third-Party Providers include but are not limited to licensed or unlicensed healthcare, rehabilitation, wellness, and other professionals, including coaches and similar roles, across a variety of health-related disciplines.
Your Purchase, Download or otherwise use of any Content, or other offerings provided by a Third-Party Provider as provided on the Site constitutes a separate relationship solely between you and the applicable Third-Party Provider. Third-Party Providers may require you to agree to their own terms, conditions, policies, notices, or informed consent documents, and may charge separate fees for their services. You are solely responsible for reviewing and complying with any such requirements and for paying any associated fees directly to the Third-Party Provider, subject to the cancellation terms in the agreement between you and the applicable Third-Party Provider.
Rebuildr is not a party to, and has no responsibility or liability for, any agreement, transaction, advice, treatment, or interaction between you and any Third-Party Provider. Your engagement with any Third-Party Provider is solely at your own discretion and risk and you expressly release us from any liability related to any agreement between you and any Third-Party Provider.
5. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the top of this page.
6. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are solely responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
7. Intellectual Property Ownership:
The Site and Content are intellectual property solely owned by Rebuildr, its licensors (including Third-Party Providers), and other providers of such materials, as applicable, and are protected by United States and international copyright, patent, trade secret, trademark, and other intellectual property or proprietary rights laws.
8. Our Limited License to You:
You are granted a limited license to use the Site and Content for your personal and non-commercial use only. You agree and understand that (i) you cannot distribute, copy, forward, and/or share information except as set forth in these Terms & Conditions; (ii) you shall take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download; (iii) you may not in any way imply or represent that the Site or its Content are yours or that you in any way own, created, caused, or contributed to the Site or its Content; and (iv) in the event you share a link to the Site for personal and non-commercial purposes on social media or another website, you shall give Rebuilder credit by linking to the Site.
You agree and understand that the Site and Content have been written, created, drafted, invented, and developed by us or our licensors after a significant investment of time, money, education, hard work, and brainpower. The Site and Content are extremely valuable to us and we take the protection of our Site and Content very seriously. Rebuilder and its respective licensors (including Third-Party Providers), and other providers, retain all rights, title and interest in the Site and the Content and, other than with respect to the limited license granted to you above, you obtain no interest in the Content or the Site.
You may not use the Site or Content in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or in violation of any U.S. or international intellectual property laws.
9. Your License to Us:
We acknowledge that you own all right, title, and interest, including all intellectual property rights in and to the Customer Data. You hereby grant to us a non-exclusive, limited, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for us to provide the Site and Content to you and to generate the Aggregated Data. Notwithstanding anything to the contrary herein, we retain all right, title, and interest in the Aggregated Data.
10. User Contributions:
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.
You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (b) all of your User Contributions do and will comply with these Terms & Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rebuildr, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination.
We have the right to:
● Remove or refuse to post any content for any or no reason in our sole discretion.
● Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
● Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms & Conditions or the terms of any other commercial agreement you have entered into with Rebuildr.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS REBUILDR AND ITS AFFILIATES, LICENSEES (INCLUDING THIRD-PARTY PROVIDERS) AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, including, but not limited to, any third party educational or informational materials posted on or otherwise linked to from the Site. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards.
Any User Contributions you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User Contributions. Without limiting the foregoing, you represent and warrant that the User Contributions you provide will not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy.
● Contain false, untrue or misleading information or otherwise be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User Contributions, and/or terminate your access to the Site. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the Site will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).
Copyright Infringement.
If you believe that any content on the Site violates your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All Notices must be sent to our copyright agent via email at contact@rebuildr.net.
11. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples (“Examples”) used by us or any Third-Party Professionals are solely used for exemplative purposes . Examples are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
12. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
You understand that we cannot and do not guarantee or warrant that anything available for purchase or download from the internet or the Site and Content, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE SITE AND THE CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REBUILDR DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, REBUILDR DOES NOT REPRESENT OR WARRANT THAT THE SITE AND CONTENT OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR CONTENT OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, REBUILDR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Errors & Omissions:
Due to the complexity of the issues we cover, Rebuildr does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
14. Our Refund Policy:
Refunds will not be issued for account set ups already rendered or Content already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at contact@rebuildr.net.
15. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Rebuildr’s Content, please contact us directly first by emailing us at contact@rebuildr.net.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Rebuildr shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held in a location within the State of Texas.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Rebuildr for the applicable Content giving rise to the claim. You are not permitted to seek additional damages, including consequential or punitive damages.
16. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
17. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located within the State of Texas in connection with any matter arising out of these Terms & Conditions, Privacy Policy, or as a result of your use, Download, or Purchase from the Site or Content.
18. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas.
19. Payment & Purchases:
When you Purchase or Download any Content from us or the Site, you may pay by Credit or Debit Card via Stripe, or other third-party payment processor. By doing so, you give Rebuildr, and any applicable Third-Party Provider, permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase or Download, which you should retain for your records.
If you elect to sign up of a subscription at checkout, you agree that Rebuildr, and any applicable Third-Party Provider, has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Content. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Content, we will report said incident to the major credit reporting agencies (a “Report”). A Report could have a negative impact on your credit report and/or credit score. Should we need to file a Report and you would like to have the Report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate notifications to the applicable credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
20. Limitation of Liability:
IN NO EVENT SHALL REBUILDR OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REBUILDR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL REBUILDR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO REBUILDR FOR THE APPLICABLE CONTENT UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
21. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Rebuildr, Third-Party Providers and all of their respective shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses (including reasonable attorneys’ fees) arising out or relating to your of any proceeding arising out of your violation of these Terms & Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site or Content other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Site.
22. Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site or Content and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, or any other terms to which you have agreed to.
23. Entire Agreement
These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Site and Content and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site and Content.
24. Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
25. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
25. Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
• Website: www.rebuildr.net
• Email: contact@rebuildr.net
• Business Address: 30 N Gould St Ste R, Sheridan, WY 82801