TERMS AND CONDITIONS
INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS JIMSTOPPANI.COM
WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT
WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS,
YOU MAY NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF
THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY
FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO
THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
COPYRIGHT AND TRADEMARKS
This site is owned and operated by JimStoppani.com.
This site contains copyrighted materials, trademarks and other proprietary
information, including, but not limited to, text, photos and graphics, the
worldwide rights to which are owned by JimStoppani.com, and its licensors or
other owners as indicated on this website.
You may not use, copy, publish, upload, post (to a bulletin board or otherwise),
transmit, distribute, or modify any contents of this site in any way, except
that you may download one copy of such contents on any single computer for your
personal, non-commercial use only, provided you do not alter or remove any
copyright, trademark, author attribution or other proprietary notices and
legends.
All trademarks, service marks and trade names of JimStoppani.com, used in the
site are trademarks or registered trademarks of JimStoppani.com.
CHILDREN
Our Services are not designed for use by children. By using JimStoppani.com, or
purchasing any of the Services offered here, you agree and warrant that you are
18 years old or older.
LIMITATION OF LIABILITY
Any and all information provided on this web site is provided "AS IS"
without warranty of any kind, either express or implied, including, without
limitation, warranties of merchantability, fitness for a particular purpose,
and non infringement or arising from a course of dealing, usage trade or practice.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above disclaimer may not apply to you. In addition, the materials contained in
this Site could contain technical inaccuracies or typographical errors. Changes
are periodically added to the information herein. JimStoppani.com uses
reasonable efforts to include accurate and timely information on this web site
and periodically updates the information without notice. However, JimStoppani.com
makes no warranties or representations as to the accuracy or completeness of
such information, and JimStoppani.com assumes no liability or responsibility
for errors or omissions in the content of this web site. Your use of this web
site is AT YOUR OWN RISK. Under no circumstances and under no legal theory
shall JimStoppani.com be liable to you or any other person for any direct,
indirect, special, incidental, exemplary, or consequential damages arising from
your access to, or use of, this web site. JimStoppani.com also assumes no
responsibility, and shall not be liable for, any damages to, or viruses that
may infect, your computer equipment or other property on account of your access
to, use of, or browsing within this Site, or your downloading of any materials,
data, text, images, video, or audio from this Site. In no event shall JimStoppani.com
be liable for any incidental or consequential damages, lost profits, or lost
data or any indirect damages, even if JimStoppani.com has been informed of the
possibility thereof.
MEDICAL WARNING, DISCLAIMER, AND RELEASE
The content of the JimStoppani.com is provided for information purposes only.
While obtained from sources that JimStoppani.com believes to be reliable, JimStoppani.com
does not guarantee the accuracy of, or assume any liability for, the content of
any articles, product descriptions or other materials on the site. JimStoppani.com
does not guarantee or warrant any specific test, product, or procedure
presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED
THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
Reliance upon any information or use of any products presented on the JimStoppani.com
site is solely at your own risk. Neither the content of, nor any service
offered on or through JimStoppani.com, should be relied upon for medical
diagnosis, treatment or as a substitute for professional medical advice. JimStoppani.com
is not engaged in the rendering of medical advice or services. Never disregard
medical advice or delay seeking such advice because of something that you read
on JimStoppani.com.
By your use of this site, you certify that (1) you have read and agree to the
above terms; (2) you have received consent from your physician to participate
in these activities and use these products; (3) acknowledge that you do so
voluntarily and at your own risk; and (4) agree to release and relieve JimStoppani.com
of any and all liability for any injuries, claims or damages arising out of
your use thereof.
INDEMNITY
You agree to indemnify and hold JimStoppani.com and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of this Agreement or your
violation of any law or the rights of a third party. PRIVACY POLICY
Your privacy is important to JimStoppani.com. By agreeing to this User
Agreement, you also consent to the privacy practices detailed in our Privacy
Policy, which may be modified as set out in the Privacy Policy. To the extent
you are covered by laws requiring your consent for data transfer to the United
States, you agree that your data may be transferred to the United States and
collected and used accordance with our Privacy Policy. You can find the current
privacy policy here Privacy
Policy
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you
are given to access the site, and are fully responsible for all activities that
occur under your password(s). You agree to notify JimStoppani.com immediately
of any unauthorized use of your password(s).
JimStoppani.com is concerned about the security of personal information we have
collected from you and has taken reasonable steps to prevent unauthorized
access to that information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you agree that you will not use
this web site or the information or software contained in it for any purpose
that is unlawful or prohibited by the terms and conditions listed.
LINKS TO OTHER SITES
The web site, or third parties on the web site, may provide links to other
sites and/or resources, including advertisers, over which we have no control.
These links are provided solely as a convenience to users to the web site and
should not be construed as an endorsement by us of content, items, or services
on those third-party web sites. You access and use such sites, including the
content, items, or services on those sites, solely at your own risk. We make no
representations or warranties with respect to the content, personal information
collection practices, ownership, or legality of any such linked web sites. You
agree that we have no responsibility or liability for the availability of such
external sites or resources, or for the content, advertising, products, or
other materials available through such sites or resources.
We shall have no liability to you for any loss or damage suffered by you as a
result of linking to any site from the Web Site to the maximum extent permitted
by law.
CANCELLATION POLICY
You may cancel your membership to JimStoppani.com at any time. This can be done
by sending an email to us from the “Contact Us” page of JimStoppani.com with
the subject of the email titled “Cancellation.” YOU MUST PROVIDE YOUR USERNAME in the body of the email for security purposes. There is no
refund of the monthly membership fee but all future charges against your credit
card account will be stopped.
Cancellation requests must be made 3 business days before your billing date to
guarantee that you will not be billed in the next cycle.
When you cancel your membership you will no longer be able to access the
premium features of the Members Area.
All Free Trials must be Cancelled before the Trial Period is up. The Credit Card used upon Registration will be billed a Non-Refundable $14 a month starting the day that the Free Trial Ends.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of JimStoppani.com, products) shall be in the state or federal
courts located in Ventura County, USA. Any cause of action or claim you may
have with respect to the site (including but not limited to the purchase of JimStoppani.com
products) must be commenced within one (1) year after the claim or cause of
action arises. JimStoppani.com’s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. JimStoppani.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
If any provision of this agreement is unlawful, void or unenforceable, it will
not affect the validity and enforceability of any remaining provisions. JimStoppani.com
may modify these terms and conditions, and the agreement they create, at any
time, simply by updating this posting and without notice to you.