- TERMS AND CONDITIONSOVERVIEW
Carmelrodriguez.com and other affiliated websites including Social medias and Multimedia sites and all its content is owned and operated by Carmel Rodriguez. Throughout the website, the terms “We”, “Us”, “I” or “Our” will also refer to Carmel Rodriguez (the owner/operator). We offer our “Websites and affiliated social media, multimedia and other platforms”, including all information, tools and services available to you “the user”, conditioned upon your acceptance of all Terms and Conditions, policies and notices stated in these “Terms and Conditions”. In addition, we have contracted Adhance Marketing Inc. to assist us in the handling of our websites and all their contents.
Our website’s stores are hosted by MemberMouse, which we have been granted a licence to provide us with the online e-commerce platform that allows us to sell our Products and Services to you. Our Website’s videos are hosted by Vimeo which we have been granted a licence to launch our video products.
We are not responsible for any breaches or misconduct these companies may have or could take part in. We are merely using their products and services to provide you with a better customer experience. If you have any concerns with any of their products and services contact them directly.
By visiting our Websites and/or using our Products and Services, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms and Conditions apply to all users of our Websites and affiliated social media, multimedia and other platforms, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. All content is listed out in these Terms and Conditions are listed out in English. Merely stating that you are unable to understand the English language does not release you from these Terms and Conditions you have agreed upon. Its is up to you the user to translate these Terms and Conditions in the language of your choice as well as any other content in our Websites and affiliated social media, multimedia and other platforms.
Please read these Terms and Conditions carefully before accessing or using our Websites and/or affiliated social media, multimedia and other platforms. By accessing or using any part of our Websites and/or affiliated social media, multimedia and other platforms, you agree to be bound by these Terms and Conditions. If you do not agree to all these Terms and Conditions, then you may not access our Websites and affiliated social media, multimedia and other platforms, nor use any of our Products and Services. If these Terms and Conditions are considered as an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to our current Websites and/or affiliated social media, multimedia and other platforms shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our websites or posting updates, and/or changes in the Terms and Conditions page. It is your responsibility to check this page periodically for any changes or posting updates. Your continued use of or access to our Websites and/or affiliated social media, multimedia and other platforms following the posting and/or changes constitutes acceptance of those postings and/or changes.
The following Sections 1 through Sections 26 are to be included as part of the entire Terms and Conditions;
SECTION 1 – ONLINE STORE TERMS & CONDITIONS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your Country, State/Province of residence, or that you are the age of majority in your Country, State/Province of residence and you have given us your consent to allow any of your dependents to purchase any of our Products and Services, use or access our Websites and/or affiliated social media, multimedia and other platforms.
You may not use our products and Services or use our Websites and/or affiliated social media, multimedia and other platforms for any illegal or unauthorized purpose nor may you, in the use of our Products and Services, or our Websites and/or affiliated social media, multimedia and other platforms violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature to any of our Websites and affiliated social media, multimedia and other platforms.
A breach or violation of any of these Terms and Conditions will result in an immediate termination of access to our Products and Services and our Websites and affiliated social media, multimedia and other platforms, and you may be subject to federal prosecution.
SECTION 2 – GENERAL TERMS & CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For your protection, your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product and Services, use any of the Products and Services, or access to the Product and Services or any content on our Websites through which our Products and Services is provided, without express written permission by us. Any violation of these Terms and Conditions may result in federal prosecution.
SECTION 3 – CURRENCY SALE
The Products and Services you will purchase and/or subscribe to are sold in US dollars. If you are purchasing from a different currency, the sale will be automatically converted into your local currency, at the current rate that day. Currency rates are subject to change on a daily basis.
SECTION 4 – PAYMENT TRANSACTIONS
Transactions performed through our Websites are all handled through third party dedicated gateways to guarantee your protection. Credit card information is not stored and all credit card information is handled over SSL encryption. For your protection your credit card information is always encrypted during all transactions. Please read the terms & conditions for the gateway chosen.
SECTION 5 – COOKIES
SECTION 6 – MARKETING
Third-party Internet vendors, such as Google, regularly show internet users marketing ads on websites across the Internet by using marketing tools like analytics, demographics and interests reporting based on internet use by the general public. You can easily opt out of these marketing analytics by clicking on your Ads Settings in your website browser and customize it to your desired specification. We too have implemented a Google analytics marketing tool and we reserve the right to use the collected data to advertise online.
When you click on links in our stores, they may direct you away from our Websites. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submissions. However, by posting, uploading, inputting, providing or submitting your content you are granting us, and all our other affiliated Websites including affiliated Social medias and Multimedia sites permission to use your submissions in connection with our Businesses Marketing Platforms including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission(s). No compensation will be paid with respect to the use of your submissions, as provided herein. We are under no obligation to post or use any submission(s) you may provide and may remove any submission. By submitting your content, you agree that your results are achieved by using any of our purchased products or online subscriptions workout platforms. You agree to be truthful with any feedback or workout progress you provide including all images you upload are authentic and are not altered in anyway.
SECTION 7 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on our Websites are not accurate, complete or current. The material on our Websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Websites is at your own risk.
Our Websites may contain certain historical information. Historical information may necessarily not be current and is only provided for your reference. We reserve the right to modify the contents of our Websites at any time, but we have no obligation to update any information on our Websites. You agree that it is your responsibility to monitor changes to our Websites.
SECTION 8 – MODIFICATIONS TO PRODUCTS, SERVICES & PRICES
We reserve the right at any time to modify or discontinue any or all Products and Services (or any part or content thereof) without notice at any time. Prices of our Products and Services are subject to change anytime without notice.
We shall not be liable to you or to any third-party for any modifications, price changes, suspensions or discontinuance of our Products and Services.
SECTION 9 – PRODUCTS & SERVICES
Certain Products and Services may be available exclusively online through our Websites. These Products and Services may have limited quantities and are subject to return or exchange only in accordance to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our Products and Services that appear in our online store. We cannot guarantee that your computer monitor’s colour display will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products and Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and Services that we offer. All descriptions of our Products and Services or our Products and Services pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Products and Services at any time. Any offer of any Products and Services made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, Information, or other materials purchased or obtained by you will meet your expectations, or that any errors in our Products and Services will be corrected.
SECTION 10 – ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any violation of these Terms and Conditions may result in federal prosecution.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our Websites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of these optional tools offered through our Websites and affiliated social media, multimedia and other platforms is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and conditions provided by the relevant third-party.
We may also, in the future, offer new Products and Services and/or features through our Websites (including, the release of new tools and resources). Such as new Products, Services and Features shall also be subject to these Terms and Conditions.
SECTION 12 – THIRD-PARTY LINKS
Certain Content, Products and Services available via our Websites may include materials from third-parties.
Third-party links on our websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or progress photos) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, email, postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at anytime, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Websites and Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in our Websites or in the Products and Services we provide that contains typographical errors, inaccuracies or omissions that may relate to product and service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products and Services or in any related Websites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information with our Products and Services or on any related Websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Products and Services or in any related Websites, should be taken to indicate that all information in our Products and Services or in any related Websites has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in our Terms and Conditions, you are prohibited from using any of our Websites or its content: (a) for any unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any International, Federal, Provincial/State regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Products and Services or of any related Websites. (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Products and Services or any related Websites. We reserve the right to terminate your use of the Service or any related Websites for violating any of the prohibited uses. And may be subject to federal prosecution.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Product and Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from our Products and Services will be accurate or reliable.
You agree that from time to time we may remove our Products and Service for indefinite periods of time or cancel our Products and Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. Our Products and Services delivered to you are (except as expressly stated by us) provided is ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss of life, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Product and Services, or for any other claim related in any way to your use of our Products and Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Products and Services posted, transmitted, or otherwise made available, even if advised of their possibility. Because some States/Provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States/Provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold us harmless, as well as our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Products and Services, or when you cease using our websites and other affiliated social media, multi media and seminars.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 WEIGHT LOSS & MUSCLE GAIN DISCLAIMER
Our Websites, Products and Services or affiliated social media, multimedia and other platforms are designed to promote a healthy lifestyle however our Websites, Products and Services or affiliated social media, multimedia and other platforms does not provide medical advice. If you are currently or have ever taken any medication to treat a mental illness or physical illness or are currently or in the past have ever consulted a medical expert in any field it is strongly recommend you seek medical advice prior to using or continue use of our Products and Services.
Our Products and Services are designed by Certified Personal Trainers in the hopes of assisting you the user in losing weight and gaining muscles. In addition, from time to time we will share our personal experiences as well as other user(s) personal experiences in the hopes of assisting you achieve a healthier lifestyle. Any comments shared on any of our Websites, Products and Services or affiliated social media, multimedia and other platforms are only represented as “another persons point of view”. These Products and Services are only a guide and will greatly depend on how you use the Products and Services to produce your desired results. We do not guarantee a specific amount of weight loss and/or muscle gain, we also do not guarantee that your lifestyle will improve.
Results May Vary: Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical.
Any statements listed out on our Websites or affiliated social media, multimedia and other platforms have not been evaluated by any Food and Drug Administration nor any Government Cardiovascular Health Organization. Our Products and Services are not intended to diagnose, treat, cure or prevent any disease.
The information, including but not limited to, text, graphics, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on our Websites or affiliated social media, multimedia and other platforms.
SECTION 22 REFUND POLICY
Our Products and Services either purchases and/or subscriptions are non-refundable from the moment of purchase. If for whatever reason you are dissatisfied, have any unanswered questions or are having trouble downloading the file, we provide full assistance to resolve any questions or problems you may have. If a refund is approved by us a 30% processing fee will apply prior to all refunds.
We are not responsible for lost or forgotten emails, or lack of download on the consumers part for any reason.
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and policies or operating rules posted by us on our Websites constitutes the entire user agreement and understanding between you and us and govern your use of our Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Products and Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.
SECTION 25 – CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms and Conditions at any time by visiting this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our websites. It is your responsibility to check our website periodically for changes. Your continued use of or access to our websites and Products and Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at; firstname.lastname@example.org
We reserve the right to modify these Terms and Conditions at any time. By visiting our Websites and/or purchasing our Products and Services, you agree to the above.