Client (“you” and “your”) hereby acknowledges and agrees, as a participant in the programs and services offered to you via the website located at https://rebeccarumsey.com/ (“Website”), including, without limitation, all content, programs, functionality, and services offered through the Website (collectively, the “Services”) offered by Rebecca Rumsey, Fertile After 40, and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our” or “us”), to be bound by the terms set forth in this Liability Waiver and Release (this “Waiver and Release”). By clicking to accept or by using the Services, you are expressly acknowledging and providing formal acceptance of the following terms and conditions as set forth:
Victory Elixir LLC, doing business as Rebecca Rumsey and Fertile After 40 (collectively, the “Company”), is not a recognized medical organization and cannot provide medical advice, evaluation, diagnosis, or treatment. Nothing on the Website should be interpreted as such. It is understood and agreed that Company is not a medical doctor, registered dietician, pharmacist, nurse, psychologist, or other licensed medical or healthcare professional. She is not acting in any such capacity, and nothing on the Website should be interpreted to take the place of advice from a physician or other licensed medical professional.
You are strongly urged and advised to consult your physician before undertaking any health, diet, or lifestyle changes, including, without limitation, using products or services available on our Website, altering your diet, nutrition, or eating habits, taking any supplements, vitamins, or similar products, participating in exercise, making any lifestyle changes, or taking or discontinuing any medications. Nothing on the Website should be interpreted as a substitute for physician consultation, evaluation, or treatment.
The Company makes no guarantees, representations, or warranties of any kind or nature, express or implied, including, without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect to its Services. Your use of the Services is at your own risk. The Company may reference certain results, outcomes, or situations. You understand and acknowledge that the Company makes no guarantee as to the accuracy of third-party statements contained herein or the likelihood of your success based on these statements. The Company cannot guarantee success merely by your purchase of the Company’s services. You understand that individual results and outcomes will vary. Any results displayed on the Website or in any of the materials are not guaranteed. The use of the Company’s information, products, and services should be based on your due diligence.
The Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors or individuals with any type of illness or health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health, diet, or lifestyle change. You should immediately consult with your physician or healthcare professional in the event of any illness or injury.
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on the Website has not been evaluated by the Food and Drug Administration and is not intended to treat, diagnose, cure, or prevent any disease. We cannot and do not give you medical advice through the Website, Services, or in any other manner.
Please seek prompt medical care for any specific health issues. We do not recommend the self-management of health problems. Any information obtained by using the Website and our products or Services is not exhaustive.
Your participation in and use of the Services is at your own risk and may expose you to inherent risks, including, without limitation, accidents, injury, illness, or even death. Knowing such facts, you willingly accept and assume all of the risks associated therewith. You hereby assume full responsibility and liability for any risks, injuries, or damage, known or unknown, which you might incur as a result of participating in and using the Services.
Your use of the Website and Services does not create a professional-client relationship between you and the Company or any of its representatives. Any advice or information you receive from the Company through the Website or Services is for informational purposes only and should not be relied upon as professional advice.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use or misuse of the Services, your violation of this Waiver and Release, or your violation of any rights of a third party.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
If any provision of this Waiver and Release is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from this Waiver and Release and shall not affect the validity and enforceability of any remaining provisions.
You hereby agree, for yourself and anyone entitled to act on your behalf (or on behalf of your estate, whether you are deceased or permanently or temporarily disabled), to the fullest extent permitted by law, to hold [Company Name] and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (collectively, the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including, without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by you in connection with your participation in and use of the Services. This includes, but is not limited to, claims arising from:
(i) the conduct of the Released Parties or any other participants or users of the Services;
(ii) the Services and any defects of any kind, or failure to comply with applicable state and federal laws;
(iii) your breach or default of any covenants or obligations under this Waiver and Release;
(iv) your misconduct, negligence, default, error, omission, or breach of contract; and
(v) any accident, injury, or damage caused to any person, firm, or corporation resulting from any act or omission by you (or any person holding or claiming through or under you).
You agree to indemnify, defend, and hold the Released Parties harmless against and from all costs, counsel fees, expenses, and liabilities incurred as a result of any such claim, action, or proceeding brought by you or any third party against the Released Parties.
By agreeing to the terms of this Waiver and Release, you understand that you are knowingly, voluntarily, and expressly waiving any and all rights, claims, or causes of action of any kind whatsoever that you may have against the Released Parties for any of the foregoing claims, and any injuries, losses, or damages that you may sustain in connection with your participation in and use of the Services.
Under no circumstances will the released parties be liable to you for any loss or damages of any kind (including, without limitation, direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages), including death or personal injury sustained due to your use of or participation in the Services. You expressly acknowledge and agree that some of the events, activities, or actions taken by you, whether in connection with the Website and Services or otherwise, carry certain inherent and significant risks of property damage, bodily injury, or death, and that you voluntarily assume all known and unknown risks associated therewith, even if caused in whole or in part by the action, inaction, or negligence of Company or by the action, inaction, or negligence of others. You expressly agree that Company does not assume responsibility for the supervision, preparation, or conduct of any activity. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the released parties’ total liability to you for all damages, losses, or causes of action exceed one hundred United States dollars ($100.00 USD). By accessing the Website and Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, The benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
This Waiver and Release shall be interpreted under the internal, substantive law of the State of California, without regard to its conflict of law provisions, and you hereby submit to the personal jurisdiction of the state and federal courts of the State of California. In the event that any provision of this Waiver and Release is deemed severable or invalid, or if any term, condition, phrase, or portion of this Waiver and Release is determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, as long as the severed clause does not affect the intent of the parties. If a court finds any provision of this Waiver and Release to be invalid or unenforceable, but by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Waiver and Release. Your participation in and use of the Services constitutes your formal acceptance of this Waiver and Release.
