By accessing or using the Reality Meets Science Website (“RMS”) Internet including, without limitation, www.myflex5.com , you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the RMS Privacy Policy which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy, you must immediately terminate your use of the RMS website. You may print or save a copy of these Terms of Use for your records.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, nontransferable license to access and use the RMS website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the RMS website for your noncommercial personal use and for no other purpose. RMS reserves the right to bar, restrict or suspend any user’s access to the RMS website, and/or to terminate this license at any time for any reason.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive RMS prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the RMS website, any RMS Content (as defined below), or any portion thereof. Further, you may not (i) use the RMS website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the RMS website, including RMS Content; (ii) interfere with the proper working of the RMS website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the RMS website.
3. Your Acceptance; Revisions to Terms of Use. The RMS website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the RMS regarding your use and access to the RMS website. By using the RMS website, you agree to the Terms of Use. RMS reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the RMS website. Your use of the RMS website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the RMS website. No revision to these Terms of Use, including to the Arbitration provision set forth herein, shall apply to a controversy or claim of which RMS had actual notice on or before the date of any such revision.
4. Click-Through Agreements. Before using certain areas of the RMS website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
5. Privacy Policy. For information about the RMS data protection practices and RMS’ use and protection of your personal information, please read the RMS Privacy Policy which is incorporated into and made a part of these Terms of Use.
6. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the RMS website and not interfere with the use and enjoyment of the RMS website by other users or with the operation and management of the RMS website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the RMS website, including, without limitation, information required to be provided through an RMS registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, RMS reserves the right to terminate your access and use of the website.
RMS does not guarantee the confidentiality or security of any communication or other material transmitted to or from the RMS website over the Internet or other communication network.
7. Disclaimer. RMS Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Reality Meets Science® Inc. RMS Services are designed to educate and inform you on general concepts regarding health, weight loss, and wellbeing. It is absolutely not intended to replace, nor in any way act as an alternative to care from your licensed, qualified healthcare provider. No communications create any type of patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. Please consult your licensed, professional healthcare provider regarding any individualzed decisions regarding your personal health, medical care, and wellbeing. Dr Tom Rifai and Reality Meets Science Inc. shall have no liability regarding any damages, loss, or injury suffered as a result of reliance on any information provided not reviewed and approved by your professional, licensed healthcare provider. Please keep in mind that results will vary from person to person depending on a multitude of factors, all of which we will work within the best of our abilities.
8. Warranties Disclaimed. THE RMS WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RMS DOES NOT PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE RMS WEBSITES OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
9. Limitation of Liability. RMS SHALL NOT BE LIABLE, AND DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE RMA WEBSITE AND/OR ANY RMS CONTENT; (ii) ANY MEDICAL TREATMENT SINCE NONE IS PROVIDED.