Terms and Conditions

1. INTRODUCTION.

This website, including but not limited to the ROAR ^AI coaching platform and Client smartphone application made available through the Apple App store and the Google Play store, (the "Digital Assets"), is operated by ROAR ^AI, an Ohio corporation ("ROAR ^AI"). Access to and use of the Digital Assets and their associated services are provided by ROAR ^AI contingent upon your acceptance of these Terms. By accessing, browsing, registering on, downloading content from, or otherwise utilizing the Digital Assets, you agree to adhere to and comply with these Terms. Furthermore, you acknowledge that this agreement holds the same legal weight as any written, negotiated contract signed by you, and you consent to be bound by its terms and conditions.

ROAR ^AI does not guarantee that the information contained within the Digital Assets, nor the products, services, or recommendations described or offered through them, are suitable, available, or permitted in any specific jurisdiction. Individuals who choose to access or use the Digital Assets, including the purchase of products or services, do so at their own discretion and bear sole responsibility for complying with applicable local laws.

Access to the digital assets is not permitted from jurisdictions where the services and products described or offered on the digital assets are illegal. Users are solely responsible for complying with the laws of their jurisdiction and any other applicable laws, not ROAR ^AI.

You agree to use the digital assets only for lawful purposes and that you will not use them in any manner that interferes with their normal operation or with any other user's use and enjoyment of the digital assets. You further agree that you will not access the digital assets by any means except through the interface provided by ROAR ^AI. Creating or maintaining any link from another website to any content in the digital assets without the prior written authorization of ROAR ^AI is prohibited. Any permitted links to digital assets must comply with all applicable laws, rules, and regulations. YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO USE DIGITAL ASSETS AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.

You understand and acknowledge that there are risks of injury associated with participating in any exercise, program, activity or any recommendations suggested in and through digital assets by both ROAR ^AI and its licensors. In no event shall ROAR ^AI be held liable for any injury or damage to your health in connection with any content and service provided on or through the digital assets.

If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your access to the digital assets (or any part thereof) and/or your user account, if any. In our sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify, or alter any aspect of the digital assets, including, but not limited to:

1. Restricting the time the digital assets are available.
2. Restricting the amount of use permitted.
3. Restricting or terminating any user's ability to use the digital assets.
4. Adding, deleting, removing, modifying, disabling, suspending or restricting some or all of the digital assets' features, information, content, applications or services. You agree that any termination, limitation, restriction, or cancellation of your access to, or use of, the digital assets may be effected without prior notice.

You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the digital assets, or any policies or practices by ROAR ^AI in providing the digital assets, including without limitation any change in content, is to cease using the digital assets and cancel or terminate your subscription, membership, or registered user account, as applicable.

2. YOUR USER ACCOUNT

In order to make a purchase on the Digital assets, you will be required to establish a user account (a "User Account"). To do so, you will need to provide us with certain information ("Account Information"). You agree that the Account Information you provide is true, accurate, current and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Digital assets, if available. Otherwise, you agree to contact us or the service provider on the digital assets directly. If you provide any information that is false, inaccurate, outdated, or incomplete, or ROAR ^AI has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, ROAR ^AI, in its sole discretion, has the right to suspend or terminate your User Account and prohibit any and all current or future use of the Digital assets (or any portion thereof) by you. You are solely responsible for all usage or activity on your User Account, including, but not limited to, use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You are solely responsible for maintaining the confidentiality of your password and your User Account. You may not sub-license, transfer, sell, share, or assign your User Account, your Account Information, and/or this Agreement to any third party without ROAR ^AI’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Digital assets, if available, and immediately notify us. ROAR ^AIwill not be held liable for any loss that you may incur as a result of someone else using your User Account or password, either with or without your knowledge. However, you may be held liable by ROAR ^AI or another party due to someone else using your User Account or password.

3. PRIVACY POLICY

Use of the digital assets is subject to the terms of our privacy policies defined under "Legal", which is hereby incorporated into and made part of this Agreement. By using the Digital assets, you agree to be bound by the terms of our privacy policies.

4. AMENDMENTS TO THE DIGITAL ASSETS

Although ROAR ^AI does not constantly monitor the digital assets, it nevertheless expressly reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the digital assets, in its sole discretion, without notice. This includes but is not limited to, the right to correct pricing or typographical errors that may occur on the digital assets.

5. AMENDMENTS TO THIS AGREEMENT

From time to time, ROAR ^AI may amend these Terms. Continued access to the digital assets by you will constitute your acceptance of any changes or revisions made to this agreement.

6. INTELLECTUAL PROPERTY

All digital assets' design, text, graphics, sound, software, and other content, and the selection and arrangement thereof, are the property of ROAR ^AI or its licensors and are protected by local, national, and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material, including code and software, from the digital assets. You may download material from the digital assets and may use the digital assets for your personal use only, provided you keep intact all copyright and other proprietary notices.

7. SUBMISSIONS AND COMMUNICATIONS

You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Users), ideas, concepts, know-how, photographs, graphics, information, data, text, files, links, software, or other materials ("Content") that:

1. Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
2. Are patently offensive or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
3. Harass or advocate harassment of another person;
4. Exploit people in a sexual or violent manner;
5. Contain nudity, violence, or offensive subject matter or contain a link to an adult digital assets;
6. Solicit any personal information from anyone under 18 and diligently taking steps to remove access any and all materials if you find any misuse by individuals below age 18
7. Provide any telephone numbers, street addresses, last names, URLs, or email addresses to anyone;
8. Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
9. Promote any illegal or unauthorized copy of another person's copyrighted work;
10. Involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
11. Contain restricted or password-only access pages or hidden pages or images;
12. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
13. Solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users;
14. Involve commercial activities and/or sales without ROAR^AI's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
15. Include a photograph of another person that you have posted without that person's consent.

9. Under no circumstances will ROAR ^AI be required to treat any content as confidential (subject to the privacy policies). ROAR ^AIwill be entitled to use the content for any purpose whatsoever (consistent with the privacy policies without compensation to you or any other person. For the avoidance of doubt, ROAR ^AI will not be liable to you or any other person for any ideas for ROAR ^AI's business (including, without limitation, product designs or ideas) derived from the content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of ROAR ^AI.

You agree, represent, and warrant that all moral rights, or other similar rights, in the content, are waived in favor of ROAR ^AI and its successors, assigns, and licensees.

You acknowledge that you are responsible for whatever content you submit, and you, not ROAR ^AI, shall have full responsibility for the content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

ROAR ^AI will have the right to refuse to post or transmit all or any portion of any content. By way of example and not in limitation of anything else in these Terms, ROAR ^AI will also have the right, but not the responsibility, to refuse, remove or edit any content (in whole or in part).

10. INDEMNIFICATION

You agree to indemnify ROAR ^AI and its respective affiliates, directors, officers, partners, licensors, employees, agents, representatives, suppliers, content providers, and the like (collectively, the "Affiliates") and to defend and hold each of them harmless, from any and all claims or demand (including reasonable attorneys' fees) made by any third party due to or arising out of the content you submit, post, transmit or otherwise make available through the digital assets or materials obtained through the digital assets, your use of the digital assets or materials obtained through the digital assets, your connection to the digital assets or materials obtained through the digital assets, your violation of these Terms or site-specific Terms, or your violation of any rights of another.

11. DISCLAIMER OF WARRANTIES

The digital assets, and all materials and information contained therein, are provided "as is", "as available", and "with all faults" and is used by you at your sole risk. ROAR ^AI and its "affiliates" make no express or implied warranties, conditions, or representations whatsoever, including without limitation, those implied by statute or law, and specifically disclaim such warranties, conditions, or representations, including any warranties, conditions or representations of merchantability or fitness for a particular purpose or non-infringement.

Without limiting the foregoing, ROAR ^AI:

1. Makes no express or implied warranties, conditions or representations with respect to of the accuracy, completeness, timeliness, reliability, title, merchantability, non-infringement or fitness for a particular purpose of the features, information, content, applications or services on the digital assets, or any of the products offered and sold on or through the digital assets;
2. Will not be responsible for any product or service sold on or through the digital assets or any claims of quality or performance with respect to such products or services; and
3. Will not be responsible for any injuries or damages to your health resulting from any content provided on or through the digital assets. ROAR ^AI and its affiliates do not represent or warrant that access to the digital assets will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the digital assets. No oral or written statements by ROAR ^AI or its affiliates will create any warranty not expressly set forth herein.

12. MEDICAL DISCLAIMER

Regardless of any perceived scientific merit, the products, information, recommendation, services and other content provided on and through the digital assets, including without limitation any products, recommendation, information, services and other content provided by affiliates, are not intended to diagnose, treat, cure or prevent any disease or condition, but rather to promote general wellbeing. The services and products offered through the digital assets have not necessarily been evaluated by the United States Food and Drug Administration or any other regulatory agency. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the digital assets. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in Canada or the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. The material on this digital assets is for informational purposes only. No material on this site is intended to be a substitute for professional medical advice.

13. LIMITATION OF LIABILITY

In no event shall ROAR ^AI or any of its affiliates be liable for any general, special, incidental, direct, indirect, punitive, exemplary, consequential, or other damages whatsoever (including damages for loss of profits, business interruption, loss of information or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of your use of, reliance upon, access to, or exploitation of the digital assets or any products or services purchased on or through this digital assets or any content provided on or through this digital assets, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. In no event shall ROAR^AI or any of its affiliates by liable for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy, or existence of any content, or any changes ROAR ^AI may make to the services, documents, web site, content or for any permanent or temporary cessation in the provision of the digital assets (or any features within the digital assets); or if applicable, your failure to keep your password or user account details secure and confidential. In any event, ROAR ^AI's total maximum aggregate liability under these terms and conditions or arising from your use of, reliance upon, access to, or exploitation of the digital assets or any products or services purchased on or through the digital assets shall be limited to the purchase price actually paid by you to ROAR ^AI for such products or services. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

14. LINKS

The linked sites are not under the control of ROAR ^AI, and ROAR ^AIis not responsible for the content of any linked site or any link contained in a linked site. ROAR ^AI reserves the right to terminate any link or linking program at any time. ROAR ^AI does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to the digital assets, you do this entirely at your own risk.

15. UNSOLICITED IDEA SUBMISSION POLICY

ROAR ^AI or its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ROAR ^AI's products or marketing strategies might seem similar to ideas submitted to Roar AI. So, please do not send your unsolicited ideas to ROAR ^AI or anyone at ROAR ^AI. If, despite our request that you not send us your ideas and materials, you still send them, please understand that ROAR ^AI makes no assurances that your ideas and materials will be treated as confidential or proprietary.

16. CHOICE OF LAW

The digital assets of ROAR ^AI is controlled, operated, and administered by ROAR ^AI from within the State of Ohio, USA. The digital assets can be accessed from all provinces and territories of Canada, States within the USA as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Ohio, by accessing the digital assets, you acknowledge and agree that all matters relating to access to or use of this digital assets shall be governed by the laws of the State of Ohio and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You also agree that any claims or disputes arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Ohio and acknowledge that you do so voluntarily.

17. SEVERABILITY

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

18. ENTIRE AGREEMENT

This Agreement, together with the privacy policies under Legal, is the entire agreement between you and ROAR ^AI with respect to the digital assets and your use of same. In the event of a conflict between or among this agreement and any other documents referenced in this Agreement, the conflict shall be resolved by assigning precedence to this Agreement, then to any documents referenced herein.

19. ASSIGNMENT

We may assign our rights and obligations under this agreement to the benefit of our successors, assigns, and licensees.

20. NO ESTOPPEL FOR FAILURE TO ENFORCE

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this agreement, or to exercise any right under this agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

21. INTERPRETATION

All references in this agreement to "ROAR ^AI," "we," "us," "our," and like terms should be interpreted accordingly. The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

22. SURVIVAL

Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 shall survive any termination of this Agreement.