User Agreement – Disclaimer
User Agreement for this website, sambaratta.com and The All-In Community and all our divisions, sub organizations, companies, partners, and Sam Baratta himself (the “Service”). Your use of the Service is expressly subject to your agreement with all of the terms and conditions offered below. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon the Service and users.
The Service may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using the Service constitutes your acceptance of the Agreement as it appears at the time of your access or use.
THE INFORMATION CONTAINED IN THIS SERVICE IS NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A PROFESHIONAL OF YOUR CHOICE.
Users members and team mates and all others are responsible for any actions they may take based on advice or information they receive from the Service or any of its partners, employees, team members, agents, authors or others. Users should use their own good judgment in evaluating information received from the Service or any of its partners, employees, team members, agents, authors or others.
You understand that the Service cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output. the Service does not assume any responsibility or risk for your use of the Service.
THE SERVICE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE OR ANY INFORMATION PROVIDED THROUGH THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE THE SERVICE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE SERVICE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING ANY DECISION RELATING TO MEDICAL CARE OR TREATMENT OF ANY DISEASE OR CONDITION.
The Service is presented by sambaratta.com, Sam Baratta, and The All-In Community for the sole purpose of disseminating health information for public benefit. IT IS NOT INTENDED, AND MUST NOT BE TAKEN, TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF THE SERVICE OR ANY OF ITS AFFILIATED BUSINESSES, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE THE STATE OF CALIFORNIA.
Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Service illegal, are unauthorized to use the Service, and do so entirely at their own risk.
IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
This Agreement is entered into and performed in the State of California, United States of America, and is governed by and shall be construed in all respects under the laws of California, exclusive of its choice of law or conflict of law’s provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Service, each party irrevocably submits to the exclusive personal jurisdiction of the California State District Court sitting in San Diego County, San Diego, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the Northern District of San Diego, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. Indemnity/Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall the Service, or partners or members or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Service’s materials. You specifically acknowledge and agree that the Service is not liable for any conduct of any user.
As a condition of use of this Web site, it’s materials, downloads, links, and services, the User agrees to indemnify the Service, its partners, members and suppliers as well as Mr. Baratta from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from User’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If you are dissatisfied with any the Service’s material, products, offerings, or with any of the Service’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service Web site and/or the afore mentioned.
There are no guarantees as to results
As set forth more fully in the Disclaimer, you hereby agree that the service has not made any guarantees about the results of taking any action, whether recommended by the Service or not. The Service provides educational and informational resources that are intended to help users of the Service succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Service.
You also recognize that prior results do not guarantee a similar outcome for you. Thus, the results obtained by others – whether clients of the Service or otherwise – applying the principles set out in the Service are no guarantee that you or any other person or entity will be able to obtain similar results, in any way.
Email and other communication
By visiting the Website, or sending emails to the Service or otherwise contacting the Service constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Regarding Health, Nutrition and Fitness.
If you find any content or links to any content that pertain to Health, Nutrition and Fitness please be advised. Our goal is to deliver reliable and accurate health, nutrition, fitness and lifestyle information to help inform you so that you can make better choices for your and your family’s health, fitness, nutrition and general lifestyle.
The information provided on the Service’s web sites as well as any other information distributed by the Service is intended to support, not replace, the orders and advice of your healthcare professional. It is not intended as specific medical advice and is not a substitute for professional medical treatment or diagnosis. Everyone’s health needs are different; please consult your physician with any questions or concerns about your health or that of your family.
The content and all information provided by the Service websites or any other the Service source including articles, graphics, images, emails, videos, audio recordings, phone conference calls including any and all other material are for your private use and informational purposes only. If you have a medical emergency, do not rely on the content and information to treat your condition; call your doctor or go to a hospital immediately. The content and information is not intended to be professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding any medical concerns or conditions.
The Service’s web sites or materials may contain health- or medical-related materials that you may find offensive or sexually explicit. If you find any of the content or information offensive, please stop using those web sections/pages and or those of the Service’s materials.
Relying on content and information provided by the Service or any of its partners, employees, team members, agents, authors, volunteers or others providing content or information is solely at your own risk.
Links to Third-Parties’ Web Sites
This Web site may contain links and pointers to Internet sites maintained by third parties. The Service does not operate or control in any respect any information, products or services on such third-party sites. Third-party links are included solely for the convenience of Users, and do not constitute any endorsement by the Service and/or its partners, members or suppliers. User assumes sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party sites.
The service is a distributor with regard to content supplied by third-party suppliers and Users, therefore, the Service has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are those of the respective author(s) or distributor(s)and not of the Service.
Copyright and Trademark Notices
All contents of this Web site are: Copyright © 2018 and subsequent years the Service, San Diego California U.S.A. or third-party content providers and are protected by international copyright law. All rights reserved. The Service, and other names of the Service’s products referenced herein are trademarks or registered trademarks of the Service. Other trademarks/logos are the property of their respective owners.
The materials on and by our Service are copyrighted by the Service and may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
Events, products, information, and speaker changes
The events, information, and speakers listed on our Sites are subject to change without notification.
Confidentiality and Non-Compete
Users of our Sites and the Service hereby understand that the tools, processes, strategies, materials and information presented are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of the Service’s proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
Explicit Language & Mature Content
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use our Sites.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site or by the Service; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforce-ability of the remaining provisions.
Please contact sambaratta.com/contact with any questions or problems with this Website or any issues regarding any aspect of the Service it self.
Any rights not expressly granted herein are reserved.