Website Disclaimer
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer,
together with our terms and conditions of use. The information contained in this website is for general information
purposes only and is provided by www.rpxfitness.com.au. While we endeavour to keep the information up to date and correct, we make no
representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to
the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such
information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate
for your intended use. In no event will we be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in
connection with, the use of this website. Through this website you may be able to link to other websites which are
not under the control of www.rpxfitness.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any
links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, www.rpxfitness.com.au takes no responsibility for, and will not be
liable for, the website being temporarily unavailable due to technical issues beyond our control.
COPYRIGHT NOTICE
This website and its contents are the copyright of RPX Fitness – © 2020.
All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may
copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any
other website or other form of electronic retrieval system.
Website Privacy Policy
YOUR PRIVACY
Last updated: 3 August 2020
At www.rpxfitness.com.au, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name,
company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support
queries, blog comments and social media handles (together ‘Personal Data’). Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us. You can review, correct, update or delete your Personal Data by either
logging into your account and making the changes yourself or contacting us directly to do so.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including communicating with you, providing
technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and
providing you with a personalised website experience. Marketing communications are only sent to you if you have requested or
subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately. Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics,
advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to
see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have
copied or saved the information.
STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive
from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission
and is not stored by us on our servers. To enable us to deliver our services, we may transfer information that we
collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is
transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal
obligations, resolve disputes and enforce our agreements. In the event there is a breach of our security and your Personal Data is
compromised, we will promptly notify you in compliance with the applicable law.
COOKIES AND PIXELS
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to
tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g.
name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by
changing your browser settings. This may, however, prevent you from taking full advantage of our website.
Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google
Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information. Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of www.rpxfitness.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may
include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in
good faith and where required by any of the above circumstances.
LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute
sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other
websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that
collects personally identifiable information. This privacy policy applies solely to information collected by this website.
CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole
discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to
review our privacy policy.
CONTACT US
If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us
at contact@rpxfitness.com.au and we will respond within 48 hours.
Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and
conditions of use, which together with our privacy policy and website disclaimer, govern www.rpxfitness.com.au’s relationship with you in relation
to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.rpxfitness.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our
website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If
you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.rpxfitness.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that www.rpxfitness.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision
A of the Competition and Consumer Act 2010 (Cth), www.rpxfitness.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services. If you are not over 18 than you must have the authority of a parent or guardian to participate. By using this website you warrant that you have obtained this authority. For subscribers to the RPX Fitness service the following additional commercial terms also apply to the use of this website. a. Term By agreeing to subscribe to the paid content of this website, you agree to a weekly subscription. Payment is made at the time you decide to be included in the subscription and payments will be automatically debited from your nominated account until you terminate the subscription. As your subscription is pre-paid for a weekly term, if you choose to cancel prior to the renewal date, you will not receive any refund for the unused period. You will still receive access to the subscription service and it will cease on the renewal date. You agree to take responsibility for cancelling your subscription before the renewal date and any charge is applied.
b. Fees
You have two choices for payment, by credit card (AMEX, MasterCard or Visa) or by PayPal. Payments must be made in Australian Dollars.
When you sign up to an RPX Fitness subscription service you are agreeing that you will fulfill your obligation to pay for the subscription by the date on which the payment is due. We do not store credit card information on our own systems and the weekly fee does not cover any third-party fees you may incur in connection with using RPX Fitness including charges for internet access from your internet service provider. From time to time we may change the inclusions of the RPX Fitness service and/or fees, but we will send advance notice of these changes to you by email to the address in your Account Information. These changes will not apply until the expiration of your current billing cycle and will become effective the next time you would be charged for your service. If you do not agree with the new fees you may simply terminate your subscription by sending an email to contact@rpxfitness.com.au. We agree to give you no less than 30 day’s notice of any change to the subscription fee.
LINKS TO OTHER WEBSITES
www.rpxfitness.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for
your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.rpxfitness.com.au and the owners of those websites. www.rpxfitness.com.au takes no responsibility for any of the content found on the linked websites. www.rpxfitness.com.au’s website may contain information or advertisements provided by third parties for which www.rpxfitness.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, www.rpxfitness.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for any particular purpose. www.rpxfitness.com.au gives no warranty that the documents,
goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful
components Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility
of www.rpxfitness.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At www.rpxfitness.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that
we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy
Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email.
All information we receive from our customers is protected by our secure servers. www.rpxfitness.com.au’s secure server software encrypts all
customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card
information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
www.rpxfitness.com.au may be required, in certain circumstances, to disclose information in good faith and where www.rpxfitness.com.au is
required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the
rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be
business users or domestic users, then you are a competitor of www.rpxfitness.com.au. www.rpxfitness.com.au expressly excludes and
does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or
information through a third party. If you breach this term then www.rpxfitness.com.au will hold you fully responsible for any loss that
we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper
use. www.rpxfitness.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance,
trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale
or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of
the materials, documents or products that may be available for download from time to time on this website. www.rpxfitness.com.au expressly reserves all copyright and trademark inall documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and www.rpxfitness.com.auconcerning your use and access
to www.rpxfitness.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this
agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a
clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
FITNESS AND EXERCISE
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise
program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk,
are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge www.rpxfitness.com.au, all its instructors, commentators and any associated with the www.rpxfitness.com.au website from any and all claims or causes of action, known or unknown. www.rpxfitness.com.au and its contents are made available without warranties or guarantees of any kind and www.rpxfitness.com.au, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including
personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice,
goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from
performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence. You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling. All information contained on www.rpxfitness.com.au, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for one-on-one professional training, nutrition, diet, health,
wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician,
registered dietician or another certified professional.
JURISDICTION
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.rpxfitness.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
RPX Fitness Affiliate Program Terms of Service
Agreement
By signing up to be an Affiliate in the RPX Fitness Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
RPX Fitness reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. RPX Fitness cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own RPX Fitness product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to
RPX Fitness. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the
RPX Fitness. You must ensure that each of the links between your site and the
RPX Fitness properly utilizes such special link formats. Links to the
RPX Fitness placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a
RPX Fitness product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to
https://rpxfitness.com.au/stage3 and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than
$20 in affiliate income. If your affiliate account never crosses the
$20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the
$20 threshold.
Identifying yourself as a RPX Fitness Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of
RPX Fitness or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Payment schedule
As long as your current affiliate earning are over
$20, you'll be paid each month. If you haven't earned
$20 since your last payment, we'll pay you the following month after you've crossed the threshold.
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
https://rpxfitness.com.au/stage3, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
RPX Fitness reserves the right to end the Program at any time. Upon program termination,
RPX Fitness will pay any outstanding earnings accrued above
$20.
Termination
RPX Fitness, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other
RPX Fitness service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
RPX Fitness reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the
RPX Fitness will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of
RPX Fitness to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and
RPX Fitness and govern your use of the Service, superceding any prior agreements between you and
RPX Fitness (including, but not limited to, any prior versions of the Terms of Service).
