Terms of Use

Please also read our Privacy Policy here.

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Use and Consent

Please read these Terms of Use carefully and in their entirety before purchasing and downloading a product or e-course from RPhAlly and http://rphally.com (hereinafter “we,” “our,” “us”).

You, as a visitor and/or user of our website, agree to these Terms of Use, and your access and/or use of our website, products, and/or e-courses or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

This website and any products and/or e-courses offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

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Legal and Financial Disclaimer

You understand and agree that this website and our products and/or e-courses are intended to provide information and education. You agree that the information provided is not business, financial, or legal advice.

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Earnings Disclaimer

You understand and agree that this website and our products and/or e-courses are intended to provide information and education to assist you in attaining your goals.

You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.

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No Warranty or Liability

The information provided on http://RPhAlly.com and its content, products and/or e-courses purchased therefrom is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom or via materials requested through email. The information is provided “as is” without warranty of any kind, express or implied.

You agree that RPhAlly and http://rphally.com are not liable to you or others in any way for damages of any kind arising from the use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email, including, but not limited to, direct, indirect, incidental, consequential, and/or special damages.

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You agree that RPhAlly and http://rphally.com are not liable for any loss incurred by you or your business, including, but not limited to, loss of clients, loss of goodwill, loss of income or revenue, loss of anticipated income, loss of sales, loss of data, computer failure, computer virus obtained by use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email, or any other similar issue, or any other loss or damage of any kind.

We expressly exclude any liability to the fullest extent of the law.

By using our website and its content or purchasing a product and/or e-course from our website or requesting materials via email, you agree to this limitation of liability and release RPhAlly and http://rphally.com from any and all claims.

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Indemnification

You agree at all times to defend, hold harmless, and indemnify RPhAlly and http://rphally.com or other party associated with RPhAlly and http://rphally.com, and any affiliates, agents, or other party associated with RPhAlly and http://rphally.com, from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

Intellectual Property Protection and Personal Use

The materials contained on our website, including, but not limited to, products, e-courses, videos, photos, graphics, designs, and other files, are the proprietary property of RPhAlly and are protected by United States intellectual property rights.

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You may electronically copy and print portions of RPhAlly solely for your personal, non-commercial use. RPhally grants you a single non-transferable license to download, view, copy, and/or print any products and/or e-courses you purchase from RPhAlly or materials requested via email solely for your personal, non-commercial use. You may not share the cost of any product or e-course or the product or e-course itself with any third party. You may not share links, downloads, or other material from the e-course.

Any other use of the materials in RPhAlly, any product or e-course you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, or reproduction other than as indicated above, is strictly prohibited.

You agree that you will not use our website, products, e-courses, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

When you submit any post, comment, image, or other content that you upload, publish, or display on or through our e-course (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to use, distribute, modify and create derivative works from any such User Content without restriction of any kind.

You retain the right to remove your User Content at any time.

If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or promotional materials or on our website.

User Limitations

You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.

You agree to use our products and/or e-courses for lawful purposes only.

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No Formal Endorsements

Any reference or link to any other companies, events, services, or products, on our website or in our products, e-courses, or emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.

You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.

You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

 

Affiliate Disclosure

We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.

You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

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Third Party Links

We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by RPhAlly and http://rphally.com. If you use those links, you leave our website.

You agree that RPhAlly and http://rphally.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.

By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that RPhAlly and http://rphally.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.

By clicking on a link to a third-party website, you may allow third parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from RPhAlly’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

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Payments

You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.

All of the personal information that you provide as part of the purchase process for any product or e-course on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.

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Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.

You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.

Refunds

Due to the extensive time and effort that goes into our products and e-courses, there is no refund.

We do not tolerate or accept any type of chargeback from your credit card company.

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Dispute Resolution and Jurisdiction

These Terms of Use shall be governed and construed according to the laws of the State of California, without regard to conflict of laws principles. The nearest state and federal court to San Diego, CA shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email.

By using of our website or its content, or products and/or e-course purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.

In the event that RPhAlly must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.

Severability

If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: info@rphally.com