Rude Rock Strength and Conditioning, LLC 

www.ruderockstrength.com

Terms of Use

 

This website, located at www.ruderockstrength.com, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, "Website"), are owned and operated by Rude Rock Strength and Conditioning, LLC, a Virginia limited liability company (the "RRSC," “we,” “us,” or “our”).  The Website provides information, education, and other services and products to a user of the Website (“you” or “Client”).  If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms, before you use our Website or provide any information to us; in such case, “you” or “Client” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

 

Acceptance

This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and RRSC.  It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use.  If you do not accept these terms and conditions, or if you are under the age of thirteen (13), you must not access or use the Website. 

 

When you visit this Website and/or send phone messages, text messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. RRSC will communicate with you by telephone, text, email or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing.  You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.  

 

RRSC may revise or update the Terms of Use at any time without advance notice by posting here and by sending you an email notification to the last email address you provided to us (if any).  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Terms of Use.  If you do not agree to be bound by all of these terms and conditions, do not use this Website or any service provided by RRSC.

 

 

 

Eligibility

You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality.  In addition, to use the Website Content, you agree to comply with this Terms of Use and our Privacy Policy.  RRSC may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

 

Client Privacy

RRSC understands the importance of maintaining the privacy of your Personal Information. Please review RRSC’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed. 

 

Code of Conduct; Prohibited Use

You agree not to use the Website Content or any service RRSC provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement.  This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any RRSC representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Client Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.

 

Intellectual Property

Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of RRSC or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of RRSC and is protected by U.S. and international copyright laws. 

 

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of RRSC or any applicable third-party suppliers.  

 

Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of RRSC or other licensees of RRSC. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of RRSC. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of RRSC.

 

Termination

Right to Termination:  RRSC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Client's access and/or Client Account, which may involve deletion of any content you have uploaded in connection with your Client Account. RRSC will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Client Account or deletion of any content you uploaded to the Website.

 

RRSC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Except as may be expressly limited by the Privacy Policy, RRSC reserves the right at all times to disclose any information as RRSC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RRSC's sole discretion.  Further, RRSC reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Clients’ access or Client Accounts. You agree that RRSC will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

 

Right to Remedies: You agree that any violation or threatened violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity. 

 

Right to Monitor: RRSC neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, or other material created or accessible over or through this Website.  However, RRSC does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in RRSC's sole discretion, may be illegal, may subject RRSC to liability, may violate these Terms of Use, or are, in the sole discretion of RRSC, inconsistent with RRSC's purposes for this Website. 

 

Miscellaneous Terms

Entire Agreement: This Terms of Use constitutes the sole Agreement between you and RRSC relating to your use of the Website Content, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or RRSC.  

 

Severability: We both agree that if we cannot enforce a part of these Terms of Use as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law.  The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.  

 

No Assignment:  You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent.  We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder or there under.  These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.  

 

No Waiver:  Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by RRSC of any right under this Terms of Use Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  

 

Jurisdiction: The Terms of Use are governed by and construed in accordance with the laws of the State of Virginia, USA and controlling United States Federal Law without regard to any conflicts of law provisions.  

 

Arbitration: Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration. This agreement contains an arbitration provision to resolve disputes.  No class or representative court action or jury trial is permitted.  Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to RRSC to info@ruderockstrength.com. Both parties must keep the dispute confidential, to the maximum extent permitted by law.  

 

Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

 

Contact Us:

 

If you have any questions or concerns about this Terms of Use, please contact us at info@ruderockstrength.com or the mailing address provided below. We will attempt to respond to your questions or concerns promptly. 

 

Rude Rock Strength and Conditioning, LLC 

Address : 6169 Tilapia Drive

Fort Worth, TX 76179

 

Effective Date:  10/2022

These Terms of Use were last updated and posted on 10/13/2022

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