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Terms and Conditions for Workout with Roxanne

Last updated: October 26, 2023

Please read these terms and conditions carefully before using Our Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Victoria, Australia

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Workout with Roxanne.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms" or “Agreement”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Workout with Roxanne, accessible from www.workoutwithroxanne.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Those Terms of Service apply to all users of the Company, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Optional Tools

Workout with Roxanne may provide you with access to third-party tools over which Workout with Roxanne neither monitor nor have any control nor input. 

You acknowledge and agree that Workout with Roxanne provides access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. Workout with Roxanne shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

Workout with Roxanne may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Services.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Accuracy, Completeness and Timeliness of Information

Workout with Roxanne is not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 this site is at your own risk.

This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. Workout with Roxanne reserves the right to modify the contents of this site at any time, but Workout with Roxanne has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site. 

Disclaimer

This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the nutrition or training programs from Workout with Roxanne should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. Roxanne Russell from Workout with Roxanne is not a medical professional and nothing on this website should be misconstrued to mean otherwise.

There may be risks associated with participating in activities mentioned on Workout with Roxanne for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any nutrition, workout or training program available at Workout with Roxanne if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any training program or workout you assume certain risks to your health and safety. Any form of training program or workout can cause injuries, and the training programs and workouts offered by Workout with Roxanne are no exception. It is possible that you may become injured doing the exercises in your workout, especially if they are done with poor form. Exercising and participating in workouts does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

Roxanne Russell from Workout with Roxanne is not a medical doctor. Her advice whether it be on her website, YouTube channel, workout or training programs, none of it is meant as a substitute for medical advice. You are using Workout with Roxanne’s plans, programs and workouts at your own risk and Workout with Roxanne is not responsible for any injuries or health problems you may experience or even death as a result of using Workout with Roxanne.

It is to be made clear that Workout with Roxanne is not responsible for any injuries or health problems you may experience or even death as a result of using any products or services from workoutwithroxanne.com

You agree that using the products and services of Workout with Roxanne is at your own risk, you accept the risks for potentially injuring yourself or other negative aspects on your health, and you agree to renounce any (legal) claims against Workout with Roxanne. 

Services

Workout with Roxanne reserves the right, but is not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. Workout with Roxanne may exercise this right on a case-by-case basis. Workout with Roxanne reserves the right to limit quantities of any Services that are offered. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of Workout with Roxanne. Workout with Roxanne reserves the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited. 

Workout with Roxanne does not warrant the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, punitive, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, We assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Ownership of intellectual Property, Copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, images, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and all Intellectual Property Rights related thereto, are the exclusive property of Workout with Roxanne. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, Victoria, without respect to its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

User Comments, Feedback and Other Submissions

If, at the request of Workout with Roxanne, you send certain specific submissions or without a request of Workout with Roxanne, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that Workout with Roxanne may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment that you forward to Workout with Roxanne. Workout with Roxanne is 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. 

Workout with Roxanne may, but has no obligation to, monitor, edit or remove content that Workout with Roxanne determines in sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

Errors, Inaccuracies and Omissions

Occasionally there may be information on this site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. Workout with Roxanne reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

Workout with Roxanne undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: workoutwithroxanne@gmail.com

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