Private Label Fitness and Arthur I. Rothafel Inc., (“Company”) is a wholesale-to-the-trade company that provides products for resale to end users. The company offers to private-label its products on behalf of businesses involved in the business of fitness, medical or other health related sales or services (“Distributors.”) The “Distributors” typically private-label our products under their own brands and typically market, sell and/or provide gratis these products under their own brand to their own customers/clients/members/patients (“End-Users”). As an accommodation to our distributors, we offer several different “Distributor Packages” all of which are designed to help promote the products as well as to help educate end-users understand the features and benefits of the products.
Free Distributor Package
The company provides the Free Distributor Package to all Distributors as a complimentary service. It contains promotional and educational materials as a complimentary service to help distributors promote products and educate end-users. These materials are made available on various pages of the website privatelabelfitness.com and/or are sometime made available through limited emails. All materials included as part of the Free Distributor Package are subject to the terms and conditions as outlined below under “All Distributor Packages Terms and Conditions.”
Value-Added Distributor Package
The Value-Added Distributor Package is a more comprehensive complimentary package reserved for Distributors who generate more than $10,000 in sales per year, or via a point system that relates to referrals, products sales and affiliate sales. In lieu of earning the package through sales or points the package can be purchased by the Distributor whereby the Distributor agrees compensate the Company for its time and labor in production, assembly and distribution of the complimentary materials included in the package. All value-added promotional materials such as printed materials, videos, podcasts, customized web graphics, etc. are for use in supporting and promoting our products and services to “end-users” and are not to be considered a “work for hire.” They are complimentary. The company’s time, labor and services in gathering, assembly, production, editing and distribution can be purchased if the Value-Added Distributor Package is NOT earned by points. All materials included as part of the Value-Added Distributor Package are subject to the terms and conditions as outlined below under “All Distributor Packages Terms and Conditions.”
The LifeTime Membership is an exclusive Sales and Marketing Membership subscription and is NOT a Distributor Package. The LifeTime Membership is available to Distributors under its own separate terms and conditions.
All Distributor Packages Terms and Conditions
All customization of our proprietary materials, even when created with your logo, remain the intellectual property of Private Label Fitness and Arthur I. Rothafel Inc., (the company) and retains all rights of ownership, trademark and copyright protection. (see ownership)
Private Label Fitness and Arthur I. Rothafel Inc., grants you non-exclusive limited license to use the promotional and educational materials owned by Private Label Fitness and Arthur I. Rothafel Inc., (the “product”) in accordance with these Terms & Conditions (the “distributorship”) issued by our company.
1. All supportive promotional and educational materials are proprietary creations developed by and intended for the support and promotion of products and services provided to you for resale to “end-users” by Private Label Fitness and Arthur I. Rothafel Inc., (“company”) and remain the property of the company retaining all rights and trademarks.
You may not resell access or transfer ownership to your value-added distributor package to any third party whatsoever.
After we have successfully processed point earnings or your payment for a value-added distributor package, you will receive an email confirmation. Processing materials for your particular value-added distributor package may take up to 7 business days, but usually takes less. If you do not receive your value-added distributor package after that time, please contact us.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the materials included in your distributor package are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you except as allowed by the following “Limited Right to Use” section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials as part of the distributor package except for your brand logo and or trademark or service mark.
Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the distributor package grants you only a limited, nonexclusive license for use solely by you and/or your business for the promotional use of supporting our products and services under your own brand name and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your use to help support the sales of our products and services under your brand (but not for resale or redistribution).
You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Private Label Fitness and Arthur I. Rothafel, Inc. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.
All imagery & several of the icon images (except for your logo) used are licensed under a proprietary license for unlimited personal use and cannot be redistributed.
This license does not grant permission to modify or redistribute our proprietary materials in any manner, digital or otherwise.
5. Site Content
All distributor package content, with exception of your logo, is the property of Private Label Fitness and Arthur I. Rothafel Inc. Any replicated site content must be authorized in advanced.
6. Refund Policy
If you are purchasing this value-added promotional support distributor package instead of earning it with points, our refund policy is as follows: The distributor package is a non-tangible group of promotional materials. As such, we do not issue refunds after the purchase has been made. We will be happy to consider a refund within the first 30 days of your distributor package purchase if you are unable to use the promotional and educational materials properly as part of your business. Refunds will be granted at the sole discretion of Private Label Fitness and Arthur I. Rothafel Inc. No refunds will be given after 30 days from the initial purchase. Please note that by purchasing a distributor package, you agree to the terms of the Refund Policy.
Private Label Fitness and Arthur I. Rothafel Inc. provides this “value-added” distributor package “as is” and with no implied meaning that it will function exactly as you would like or create additional sales on your behalf. We will provide support on an “as needed” basis through email or phone.
8. Transactional Emails
Private Label Fitness and Arthur I. Rothafel Inc. may on occasion send you email notifications related to your value-added distributor package. These transactional emails may include notification of distributorship changes, changes to our terms and conditions, license notices and other transactional emails related to your value-added distribution package.
9. Price Changes
Private Label Fitness and Arthur I. Rothafel Inc. reserves the right, at any time, to modify or discontinue, temporarily or permanently, a value-added distributor package with or without notice. Points earnings and/or prices of all value-added distributor packages are subject to change. Notice of points or price changes will be made on our website at privatelabelfitness.com
We do not guarantee the promotional and educational materials included in the value-added distributor package will increase your sales or function in any way so as to increase your business. The role of the value-added distributor package is to help your business educate and inform your “end user” customers on how to use our products and services and allow them to make an “educated decision.” Nor do we guarantee all materials included in the value-added distributor package will function on all devices or download properly on all devices. We are not responsible for any compatibility conflicts that may occur even when hosted on our own servers. It is our policy to support the promotional and educational materials included in the value-added distributor package as best we can and provide support at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing, downloading or otherwise using any of the promotional and educational materials within this value-added distributor package.
By earning, purchasing or other using the materials contained within the value-added distributor package, you indicate that you have read and agree the Terms & Conditions detailed on this page.
LIMITATION OF LIABILITY
IN NO EVENT WILL Private Label Fitness/Arthur I. Rothafel, Inc. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Private Label Fitness/Arthur I. Rothafel, Inc. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Private Label Fitness LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Use of Services.
Private Label Fitness/Arthur I. Rothafel, Inc. makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Private Label Fitness web site, please understand that it is independent from Private Label Fitness, and that Private Label Fitness/Arthur I. Rothafel, Inc. has no control over the content on that web site. In addition, a link to a Private Label Fitness web site does not mean that Private Label Fitness/Arthur I. Rothafel, Inc. endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Private Label Fitness/Arthur I. Rothafel, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of (Use of the Service), and (Indemnification) are for the benefit of Private Label Fitness/Arthur I. Rothafel, Inc. and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
All Agreements with Distributors may be terminated by Private Label Fitness/Arthur I. Rothafel, Inc. without notice at any time for any reason. The provisions of (Copyright, Licenses), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed by Private Label Fitness/Arthur I. Rothafel, Inc.. You agree that any legal action or proceeding between Private Label Fitness/Arthur I. Rothafel, Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Orange County, California . Any cause of action or claim you may have with respect to the Distributor Packages or services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Private Label Fitness/Arthur I. Rothafel, Inc.’s failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. Private Label Fitness/Arthur I. Rothafel, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
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