Policies

Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY

General

These Terms of Use apply to this website, all related PRE websites (each a “PRE Website”), mobile applications, and services that link to this policy (collectively, the “Services”). The Services are provided by or on behalf of Paul Rabil Experience, LLC. or its affiliates or subsidiaries (“PRE”). By using the Services, you signify your agreement to these terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services. These Terms of Use apply to you whether you are a “Visitor” (which means that you are simply visiting a PRE website) or a “Registered User” (which means that you have registered with PRE to participate in online activities or paid subscription services). The term “User” refers to both a Visitor and a Registered User. The term “Membership” refers to a Registered User’s account and ability to post to and participate in activities and services hosted on a PRE website. If you wish to become a Registered User, you must read these Terms of Use and indicate your agreement with these Terms of Use and with any other instructions or requirements that may be part of a registration process. PLEASE NOTE: Eligibility. Membership is void where prohibited. Users may not register with the Services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content (“Participation”). Any content generated by a User involving the use of any functionality of a PRE Website is referred to as “User-Generated Content.” We may change these Terms of Use at any time. We suggest that you review these Terms of Use periodically for changes.

Copyright, Ownership and Restrictions on Use of Materials

All materials contained on the Services are the copyrighted property of PRE and its affiliates and/or our third party licensors. All trademarks, service marks and trade names, including but not limited to the PRE and PRE marks, are proprietary to PRE or its affiliates and are protected by state, federal and international trademark laws. The textual, photographic, video, audio and combined audiovisual programs and products resulting from PRE’s programs, including the material contained in the Services, are protected under copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of PRE. Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from PRE violates the copyright laws and is liable for copyright infringement. Any person who uses PRE’s marks or any similar marks in such a way that it dilutes the distinctive quality of PRE’s marks or that creates a likelihood of confusion with PRE’s marks for commercial purposes without PRE’s permission on goods or for services is liable for trademark infringement. If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by PRE or our third party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the Services, including but not limited to PRE, and/or Software, is strictly prohibited. We do not transfer title to the Software to you, and PRE (or our third party licensors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form. If you have any questions regarding this notice, please email [email protected]

Registration and Payment for the Paul Rabil Experience

Registration Process. Users may register for a paid subscription to the PRE. By registering for a paid subscription to PRE, you warrant that (1) all information you provided during the registration process is true and accurate, (2) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Services, (3) you or a Parental Guardian are the cardholder of any credit or debit you provide to us, or the account holder of any PayPal account you provide to us and (4) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card and PayPal account (as such may be updated from time to time, the “Payment Method”) throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information. You are responsible for all charges incurred during your use of the PRE and the related services, including any charges incurred on your account by other parties.

Discontinuation of Service

If we discontinue or significantly alter the PRE service, then we (i) will notify you by email, at the email address you provide to us during registration, (ii) may provide you with information about similar or new Services, and (iii) reserve the right to cancel the applicable service.

Payments

By registering for a paid subscription to the PRE, you authorize us to make charges to the Payment Method you provide during registration in accordance with the fees in place at the time of your subscription, including all applicable taxes. You also authorize us to charge that Payment Method on a periodic basis, pursuant to our recurring subscription or automatic renewal policies. If the account number, expiration date or other information of the Payment Method associated with your PRE subscription changes, we recommend that you update it as soon as possible. Please also be aware, we may acquire this current information from our financial services partner and update the Billing Information section of your PRE account to include such revised payment information.

Billing Information

All subscriptions, including gift subscriptions, are fully non-refundable. There are no credits, refunds or partial refunds for any subscription or partial subscription period. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment collection, as applicable, against your Payment Method.

Cancellation/Refund Policy

You may only cancel your subscription to the PRE in accordance with these Terms. To cancel your subscription, either cancel by terminating within your user profile, or email [email protected] All cancellations are not final until a PRE representative receives written notice. Subscriptions automatically renew on a month-to-month basis, unless otherwise registered under a 12-month plan. Subscribers are obligated to pay monthly dues regardless of whether they use the site, and until 30 days after the Paul Rabil Experience has received written notice of your cancellation request. Subscribers must give notice by the 1st of the month to terminate their membership on that month; otherwise subscribers will incur an additional month’s charge. SUBSCRIPTION FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, PARTIAL REFUNDS OR CREDITS FOR SUBSCRIPTIONS OR PARTIAL SUBSCRIPTION PERIODS. This means that you will have continued access to the PRE for the remainder of the current subscription period and will not receive a refund.

Security

The PRE takes the security of your personal information seriously. We take reasonable and appropriate steps to protect the security and integrity of your personal information, but please be aware that no solution for online and mobile security can be 100% effective. To the extent we collect payment information and/or shipping or billing information from you through the Services, we provide your payment information and billing and shipping information to service providers that help us to process and ship the goods or provide the services you purchase through this web site. Disclaimers THE MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

To the extent we have assigned to you an account through the Services or you have obtained an account by registration as a User, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold PRE and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PRE OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF PRE AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO PRE, IF ANY, FOR ACCESSING THE SERVICES.

Termination

We may terminate your access to the Services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the Services. Upon termination of your use of the Services, you must cease use of the Services and destroy all materials obtained from the Services and all copies of such materials. If you have any problems with the Services or your use of the Services or with these Terms of Use, your sole and exclusive remedy is to cease using the Services.

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. These Terms of Use constitute the entire agreement between us relating to your use of the Services. The failure of PRE to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Mobile Services

PRE may make certain features of the Services available via your mobile phone. In addition to any charges disclosed to you by PRE, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by PRE or a PRE affiliate, you agree that PRE may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.

*** Disclaimer: The Paul Rabil Experience would like to remind you that Paul Rabil, his Strength & Conditioning Coach Jay Dyer, and certified Nutritionists at Kinetic Fuel, are trained professionals. The Paul Rabil Experience provides the content for information and entertainment purposes only. The information presents elements of personal training that have been successful in the efforts of Paul Rabil. However, nothing presented should be relied upon by readers/viewers for their personal training plans and is not to be considered “training advice” in any way. The Paul Rabil Experience strongly recommends you consult your physician to ensure this subscription is appropriate for your situation. The Paul Rabil Experience is not liable for any damages resulting from your training decisions. You should always speak to your physician before you change, start, or stop any part of the Paul Rabil Experience subscription, including physical activity, exercise or nutrition. Reading health and exercise information online may be helpful, but it cannot replace the professional diagnosis and treatment you might need from a qualified healthcare provider. ***

(Last updated, November 2, 2015)

The textual, photographic, video, audio, and combined audiovisual programs and products resulting from Paul Rabil Experience, LLC’s events and digital programs, including the material contained in this website, are copyrighted works. Anyone who displays, reproduces, copies, creates derivative works, or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without our permission, violates the copyright laws and is liable for copyright infringement.

Likewise, the Paul Rabil Experience, LLC’s trademarks and service marks, including its PRE marks, are protected by state, federal, and international trademark laws. Any person who uses our marks for commercial or non-commercial purposes without our permission on goods or services in such a way that it dilutes the distinctive quality of our marks or that creates the likelihood of confusion with our marks, is liable for trademark infringement.

Liability for copyright or trademark infringement involves the potential for significant civil damages, including in particular cases, statutory damages, liability for up to three times actual damages, and attorneys’ fees.

If you have any questions regarding this notice, please send an e-mail to [email protected]

***Disclaimer: The Paul Rabil Experience would like to remind you that Paul Rabil, his Strength & Conditioning Coach Jay Dyer, and certified Nutritionists at Kinetic Fuel, are trained professionals. The Paul Rabil Experience provides the content for information and entertainment purposes only. The information presents elements of personal training that have been successful in the efforts of Paul Rabil. However, nothing presented should be relied upon by readers/viewers for their personal training plans and is not to be considered “training advice” in any way. The Paul Rabil Experience strongly recommends you consult your physician to ensure this subscription is appropriate for your situation. The Paul Rabil Experience is not liable for any damages resulting from your training decisions. You should always speak to your physician before you change, start, or stop any part of the Paul Rabil Experience subscription, including physical activity, exercise or nutrition. Reading health and exercise information online may be helpful, but it cannot replace the professional diagnosis and treatment you might need from a qualified healthcare provider.***

(Last updated, January 21, 2015)

Paul Rabil Experience, LLC. Privacy Policy

Last Updated: January 21, 2015

Introduction

The website, www.paulrabilexperience.com, you have entered is owned and operated by, or on behalf of, Paul Rabil Experience, LLC. or its affiliates (collectively, “PRE”, “we” or “us”). Please note that this Privacy Policy contains capitalized words or phrases. These words and phrases are defined terms. Their definitions are found either in this Privacy Policy or in our Terms and Conditions of Use (“Terms of Use”).

PRE wants to help you make the most of your visit to our website, and that includes helping to protect your personal privacy. Most of the features on our websites are offered without collecting any Personal Information from you; however, some features require you to provide your Personal Information. For example, when you make a purchase or sign up for a paid service (such as in the PRE Shop), you are required to submit Personal Information in connection with our providing various products and services to you. You may also submit content of your own in areas of our websites and some of that User-Generated Content may contain Personal Information. For those areas of our websites and services that do require us to collect Personal Information or allow voluntary submission of Personal Information, this Privacy Policy will offer suggestions on how to make good decisions for yourself and your family.

This Privacy Policy discloses when and how we collect, use, share, and safeguard information from this website, and in connection with PRE subscriptions (whether through the websites, or otherwise). The Personal Information we collect depends on what you do when you visit our websites or use the various products or services we offer. This Privacy Policy also explains what to do if you do not want to provide Personal Information when you visit our websites, and how to correct, change or delete information you have already provided to us.

By using this website, you are agreeing to the terms of this Privacy Policy. If you do not agree with any terms or practices described in this Privacy Policy, please do not use our websites.

Children

PRE is committed to providing special protection for the privacy of children who may visit our websites. We encourage parents to spend time online with their children, become familiar with the features of our websites and participate in the activities offered on our websites.

We do collect Personal Information as part of registration processes so that users can obtain certain services, such as newsletters, and so that they can set up accounts or profiles.

We recommend that minors who are age 8 or older consult with their parents before sending any information about themselves over the internet.

Special Note to Parents

We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.

Limitations on Use of Personal Information

We will use or retain your Personal Information only in accordance with the terms of this Privacy Policy. In general, we strive to keep Personal Information only for so long as is needed to fulfill your requests, support the services you have requested, process your orders, or comply with the law, although we reserve the right to keep it for a longer period of time.

Security of Personal Information

We take what we believe to be commercially reasonable physical, administrative and technical precautions to keep your Personal Information secure.

Changes in this Privacy Policy

PRE reserves the right to change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes here and we will change the “Updated” date at the top of this page.

Contact Us

If you have any comments or questions about this Privacy Policy, please send an e-mail to [email protected]ilexperience.com.

***Disclaimer: The Paul Rabil Experience would like to remind you that Paul Rabil, his Strength & Conditioning Coach Jay Dyer, and certified Nutritionists at Kinetic Fuel, are trained professionals. The Paul Rabil Experience provides the content for information and entertainment purposes only. The information presents elements of personal training that have been successful in the efforts of Paul Rabil. However, nothing presented should be relied upon by readers/viewers for their personal training plans and is not to be considered “training advice” in any way. The Paul Rabil Experience strongly recommends you consult your physician to ensure this subscription is appropriate for your situation. The Paul Rabil Experience is not liable for any damages resulting from your training decisions. You should always speak to your physician before you change, start, or stop any part of the Paul Rabil Experience subscription, including physical activity, exercise or nutrition. Reading health and exercise information online may be helpful, but it cannot replace the professional diagnosis and treatment you might need from a qualified healthcare provider.***

(Last updated, November 1, 2015)