Please read these Terms of Service (these “Terms”) carefully. Access to rebootwithjoe.com (the “Website”) and the other Services (defined below) is provided by Reboot Holdings Pty Ltd and its affiliated entities (collectively, “Reboot”) subject to these Terms.
By using the Website or the Services, you agree to these Terms. Reboot may change these Terms at any time and without prior notice. All such changes to these Terms will be posted on the Website, and by using the Website after the posting of any changes you agree to accept any changes.
If at any time you choose not to accept these Terms, do not access the Website or otherwise use any Services. If Reboot determines in its sole discretion that you have in any way breached these Terms, Reboot reserves the right to block your access, terminate your account (if any), and/or otherwise refuse any and all current or future use of the Website or the other Services by you.
No Medical Advice
All information and opinions offered in connection with Reboot diet plans, or otherwise contained on the Website or provided via the Services, are presented solely for informational purposes and are not intended to replace the services of a doctor or other qualified medical professional. You should not use any such information or opinions for diagnosing, treating, curing or preventing any medical or health condition. No such information or opinions are intended to constitute, nor should they be considered to be, medical advice or to serve as a substitute for professional medical advice. The use of any such information or opinions is solely at your own risk.
If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
Reboot diet plans are not recommended for everyone, and before commencing a Reboot diet plan or any other nutritional or dietary regimen, you should consult with your qualified health care provider in order to assess any potential benefits or risks to you with consideration of your personal medical situation. Do not undertake a Reboot diet plan if you are under the age of 21 or are pregnant, breast-feeding or actively trying to become pregnant. Should you experience any adverse reactions during a Reboot diet plan, contact your health care provider immediately.
As all information presented in connection with our Reboot diet plans, or otherwise contained on the Website or provided via the Services, is only of a general character, no individual results or health effects from a Reboot diet plan can be guaranteed, predicted or foreseen. No statements made in connection with our Reboot diet plans, or otherwise contained on the Website or provided via the Services, have been evaluated by the U.S. Food and Drug Administration or any other domestic or foreign government agency for their accuracy.
BY ENGAGING IN A REBOOT DIET PLAN, YOU ARE PARTICIPATING VOLUNTARILY AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR HEALTH AND ANY AND ALL RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU AS A RESULT OF SUCH PARTICIPATION. BY CONTINUING TO PARTICIPATE IN A REBOOT DIET PLAN, YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE REBOOT (AND ANY SUCCESSORS-IN-INTEREST THERETO) AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, “RELEASEES”) FROM ALL LIABILITY TO YOU AND YOUR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE WHILE YOU ARE PARTICIPATING IN ANY REBOOT DIET PLAN.
The Website and any message board, newsgroup, newsfeed, mailing list or other interactive service that may be available to you on or through the Website or otherwise from Reboot (collectively, the “Services”) are provided to you solely for entertainment purposes.
By using the Services you agree to provide only true and complete information about yourself as prompted by any registration form or questionnaire.
In your use of the Services, you may not:
i. Provide any sort of medical advice or diagnosis;
ii. Sell or offer to sell any service or product unless otherwise permitted to do so in writing by Reboot;
iii. Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
iv. Disrupt or interfere with the security or use thereof;
v. Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
vi. Attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including Reboot, or create or use a false identity;
vii. Attempt to obtain unauthorized access to the Services;
viii. Engage, directly or indirectly, in transmission of SPAM, chain letters, junk mail or any other type of unsolicited solicitation;
ix. Collect, manually or through an automatic process, information about or belonging to other users without their express consent or any other information;
x. Use any meta tags or any other “hidden text” utilizing Reboot’s name, trademarks or product names;
xi. Engage in any activity that interferes with any third party’s ability to use or enjoy the Services;
xii. Use the Services for any purposes that may be illegal, harmful, dangerous, deceptive, degrading, insulting, abusive or
otherwise inappropriate, as determined by Reboot in its sole discretion; or
xiii. Assist any third party in engaging in any activity prohibited by these Terms.
You agree to immediately notify Reboot of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge that Reboot is not responsible for material submitted to or posted on the Services. Reboot has the right, in its sole discretion, to refuse or remove any content, in whole or part, that does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. Reboot is not responsible for any failure or delay in removing such content. You acknowledge and agree that Reboot may preserve any and all content and user information and may also disclose such if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary. Reboot assumes no responsibility for the deletion or failure to store postings, content or other information submitted by any user of the Services.
You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by or submitted to Reboot or otherwise via the Services. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect the views of Reboot, and Reboot does not support or endorse content posted or submitted by you or any user.
While Reboot believes everyone, no matter what their age, should maximize their consumption of fruit and vegetables, Reboot diet plans are not intended for individuals under the age of 21.
All users who register to use the Services must be 18 years of age or older or provide parental consent, and users under the age of 21 will not be permitted to participate in Reboot diet plans.
The Services are not intended or designed to attract children under the age of 13. Reboot does not collect personally identifiable information from any person it actually knows is a child under the age of 13.
User Provided Content and Communications
Any information or material submitted or sent to Reboot or otherwise via the Services will be deemed not to be confidential or secret. By submitting or sending information or other material to Reboot or otherwise via the Services you represent and warrant that the information is original to you and that no other party has any rights to such information or material. All submitted content may be edited for any purpose.
By communicating with Reboot, including by means of submitting or sending content or other information or material to or via the Services or the Website, you grant Reboot a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use and exploit such content, information or material, in any form, media or technology now known or later developed. For clarity, and without derogating from the generality of the previous sentence, by posting content, including, but not limited to, written text, images, audio files and moving pictures, to the Services or the Website, you agree to the publication of such content, or excerpts thereof, on the Services, the Website and in any other media, including, but not limited to, other websites, books, brochures, DVDs and films that are produced by Reboot or any of its affiliates or subsidiaries. No compensation for any such reproduction of content is owed unless specifically agreed to by Reboot in writing. All submitted content may be edited for any purpose.
By submitting any content to the Services or the Website, you warrant that you have permission from all persons appearing in your media to submit such content, and grant the rights, described herein. Never post a picture or video of or with someone unless you have their explicit permission.
It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or any of Reboot’s other policies posted on the Website.
If you submit any business information, idea, concept or invention to Reboot by email, via the Services or otherwise through the Website, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted Reboot) a royalty-free, perpetual, irrevocable, worldwide, sublicensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such content or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, idea, concept or invention private or proprietary, do not submit them.
You may be able to link to third parties’ websites (“Links”) from the Services. Reboot is not responsible for the content, availability, advertising, products or any other material contained on any third party website, or any additional links contained therein. These Links do not imply any endorsement by, or association with, Reboot. In no event shall Reboot be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through such Links. Reboot reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any Links. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable intellectual property laws.
THE LINKS MAY CONTAIN SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE MATERIAL. IF YOU CLICK ON ANY LINKS, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING AND/OR DOWNLOADING OF CONTENT FROM THESE LINKS DOES NOT VIOLATE THE STANDARDS OF THE COMMUNITY TO WHICH YOU BELONG AND/OR FROM WHICH YOU ACCESS THESE LINKS.
Any type of link to the Website or the Services is subject to Reboot’s prior consent.
From time to time, Reboot may offer contests, promotions or games (collectively, “Games”) as part of the Services, which Games may require the completion of registration forms. Upon submission, all registrations become the exclusive property of Reboot. Participation in any Game shall be subject to the rules published by Reboot with regard thereto, and you agree to release Reboot and its affiliates, agents, advertisers, sponsors and promotional partners from all liability arising from participation in any Game located on, or accessed through, the Services. Some Games may offer prizes to participants; all such prizes are subject to the rules of such Game. Reboot reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notice.
Certain products may be offered for sale on or via the Website. In the event you wish to purchase any of these products, you will be asked by the Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide the Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase. You shall be responsible for all charges incurred through your account as well as for paying all applicable taxes.
All purchases of products on or via the Services must be made by adults 18 years of age or older.
Intellectual Property Rights
“Reboot with Joe”, “Join the Reboot”,“Reboot Your Life”, “Reboot Juice”, “Fully Juiced” and all logos, page headers, custom graphics and icons on the Services are trademarks and/or service marks owned by Reboot Holdings Pty Ltd. All other trademarks, product names and company names and logos appearing on the Services are the property of their respective owners.
The Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Reboot owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and print in hard copy portions of the Website and/or the Services solely for non-commercial, personal purposes. Except as provided in the preceding sentence or as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without Reboot’s prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
Copyright Notice and Takedown Procedures
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification to our Copyright Agent with the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Reboot to locate the material (e.g., by providing a URL);
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Reboot’s agent for copyright issues relating to the Services is as follows:
Reboot USA, LLC
Attn: Copyright Agent
540 Broadway, Suite 203
New York, NY 10012
THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. REBOOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) WARRANTIES CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE OF THE CONTENT ON THE WEBSITE OR THE SERVICES; AND (ii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMISSION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
REBOOT DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL REBOOT, ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “REBOOT PARTIES”) BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF REBOOT OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SERVICES; (iii) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES; OR (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF EACH REBOOT PARTY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notwithstanding the above, the Reboot Parties’ aggregate sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever relating to the Website or the Services, shall be limited to the extent of actual damages incurred by you, not to exceed U.S. $500.
You agree to defend, indemnify and hold harmless Reboot, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Website or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Reboot reserves the right to assume the exclusive defense and control of any matter subject to such indemnification and you hereby agree to cooperate with Reboot in asserting any available defenses.
Termination and Survival of Certain Provisions
These Terms are effective until terminated by you or Reboot. If you no longer agree to be bound by these Terms, you must immediately cease your use of the Website and the Services. Subject to applicable law, Reboot reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services with or without notice. You acknowledge agree that any termination of your access to the Website or the Services may be effected without prior notice, and you further acknowledge and agree that Reboot may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Website or the Services. Further, you agree that Reboot and its affiliated entities shall not be liable to you or any third party for any termination of your access to the Website or the Services.
This sentence and the following Sections of these Terms will survive the expiration or termination of these Terms for any reason whatsoever: No Medical Advice, Release, User Provided Content and Communications, Links, Intellectual Property Rights, General Disclaimer, Limitations of Liability, Indemnification, Termination and Survival of Certain Provisions, and General.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Reboot without restriction.
You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Reboot, either specific or general, in jurisdictions other than New York. Those who choose to access the Website or the Services from other locations do so upon their own initiative and are responsible for compliance with all applicable local laws.
You expressly agree that the laws of the State of New York, excluding its or any other jurisdiction’s conflicts of law rules, shall govern these Terms and that exclusive jurisdiction for any claim or dispute with Reboot or any Reboot Party relating in any way to your use of the Website or the Services resides in the courts of the City of New York in the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the City of New York in the State of New York in connection with any such dispute. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Section titles in these Terms are for convenience only and have no legal or contractual effect.
If any part of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.