Tuesday, May 19, 2015

Table of Contents for Legal Statements

The following applies to Fitness and Nutrition Center(http://rxsportz.blogspot.com).

And to the following Blogs:
Burning Body Fat, Eating Healthy Meals, and General Health and Wellness.

Anti-Spam Policy
 
Copyright Notice
 
Disclaimer 
 
DMCA Compliance
 
Federal Trade Commission Compliance

Medical/Health Disclaimer
 
Privacy Policy

Social Media Disclosure
 
Terms Of Service & Conditions Of Use


CONTACT INFO:

artbreshears (at) gmail (dot) com

Social Media Disclosure

The following describes the Social Media Disclosure for our sites as outlined in the Table of Contents for Legal Statements.

Social Media Issue
We live in an interesting time when privacy rights are championed alongside an unprecedented voluntary willingness of people to share their most intimate and superfluous life details with the world, even in places such as our Fitness and Nutrition Center website. While apparently benign on the surface, the dangers of unrestrained public disclosure of sensitive information is beginning to surface.

Key social media players are being sued for unauthorized or abusive use/misuse of personal information. Failure to protect and warn are likely going to be focal factors. Lawsuits are filed seeking damages for statements held to be responsible for people's death or suicide. Bloggers presuming to operate under an unfettered freedom of speech or greater latitude offered to members of the press are losing civil cases for defamation, slander, libel, and so on.

As social media rapidly advances to allow more technologically sophisticated and easy dissemination, the simultaneous fallout of revelation without boundaries is mounting. Thus, a sober approach to the benefits of social media, while sidestepping the perils of imprudent disclosure, can facilitate an enjoyable online experience, without the consequences of excess, in settings such as our own http://rxsportz.blogspot.com/ website.

Presence/Scope of Social Media
You should assume that social media is in use on our Fitness and Nutrition Center website. A simple click of a button to endorse a person, product, or service is building a cumulative profile about you, which you should always assume can be discovered by others. Attempting to share a website with someone, whether by direct press of a button or else by email forwarding facilitated on a website, you should assume that this may not stop with the intended recipient, and that this can generate information about you that could be seen by a veritable infinite number of people. Such a domino effect could initiate right here on our http://rxsportz.blogspot.com/ website.

Something as simple as a blog comment provides the opportunity for knee-jerk reactions that can become public and may not truly represent a position (at least in strength or severity) that you might hold after a period of more reasoned contemplation. You should also note that the ease of accessing one site through the login credentials of another, or the use of a global login for access to multiple sites can accumulate a dossier on you and your online behavior that may reveal more information to unintended parties than you might realize or want. Any or all of these features could exist on our Fitness and Nutrition Center website at one time or another.

These few examples illustrate some possible ways that social media can exist, though it is not an exhaustive list and new technologies will render this list outdated quickly. The objective is to realize the reach of social media, its widespread presence on websites in various forms (including this website), and develop a responsible approach to using it.

Protecting Others
You should recognize the fact that divulgences made in and on social media platforms on this website and others are rarely constrained just to you. Disclosures are commonly made about group matters that necessarily affect and impact other people. Other disclosures are expressly about third parties, sometimes with little discretion. What can appear funny in one moment can be tragic in the next. And a subtle "public" retaliation can have lifetime repercussions.

Ideal use of social media on our website would confine your disclosures primarily to matters pertaining to you, not others. If in doubt, it's best to err on the side of non-disclosure. It's doubtful the disclosure is so meaningful that it cannot be offset by the precaution of acting to protect the best interests of someone who is involuntarily being exposed by your decision to disclose something on our http://rxsportz.blogspot.com/ website (or another).

Protecting Yourself
You should likewise pause to consider the long-term effects of a split-second decision to publicly share private information about yourself on our Fitness and Nutrition Center website. Opinions, likes, dislikes, preferences, and otherwise can change. Openly divulging perspectives that you hold today, may conflict with your developing views into the futures. Yet, the "new you" will always stand juxtaposed against the prior declarations you made that are now concretized as part of your public profile. While the contents of your breakfast may hold little long-term impact, other data likewise readily shared can have consequences that could conceivably impact your ability to obtain certain employment or hinder other life experiences and ambitions.

As with sharing information about other people, extreme caution should be used before revealing information about yourself. If in doubt, it's likely best not to do it. The short term gain, if any, could readily be outweighed by later consequences. Finally, you should note that we are not responsible for removing content once shared, and we may not be able to do so.

Restrictions on Use of Social Media Data
You, as a visitor to our http://rxsportz.blogspot.com/ website, are not permitted to "mine" social media or other platforms contained herein for personal information related to others. Even where people have publicly displayed data, you should not construe that as though you have the liberty to capture, reproduce, or reuse that information. Any use of social media or related platforms on our website are for interactive use only, relevant only during the website visit.

Accuracy of Social Media Data
As any social media platform is built on user-generated content, you should consider this fact in seeking to determine the authenticity of anything you read. We are not responsible for verifying any user-generated content for accuracy. A best practices policy would be to view all such content as strictly opinion, not fact.

Potential Issues of Liability
You should also be mindful of the fact that your words could trigger liability for harm caused to others. While you have the right to free speech, you do not have the right to damage other people. Under basic principles of tort law, you are always responsible, personally, for situations where either:

1. you were required to act, but did not (i.e. - some "duty of care")
2. your were required to refrain from acting, but did not (i.e. - slander, defamation, etc.)

These "sins of omission and commission" could cause problems for you, irrespective of whether you assert you are conducting business under the guise of one or more business entities. Illegal and unethical conduct, when done in the name of a corporation or LLC, is still illegal and unethical conduct. As it is rarely part of a business plan to engage in illegal and unethical conduct, you are doubtfully operating in any official capacity, but rather, perhaps, leveraging that capacity to effectuate personal wrongdoing. You should consult a licensed attorney if you wish legal advice as to the (potential) ramification of your situation or legal problems stemming from this website or another.


CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Fitness and Nutrition Center, in order to protect you and our http://rxsportz.blogspot.com/ website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Fitness and Nutrition Center have paid to license the use of these legal notices and administrative pages on http://rxsportz.blogspot.com/ for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.


QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of these pages, or simply wish to reach us for any other reason, you may do so by using our Contact information.

CONTACT INFO:

artbreshears (at) gmail (dot) com

Health Disclaimer

Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

The information presented here is by no way intended as medical advice or as a substitute for medical counseling. The information should be used in conjunction with the guidance and care of your physician. Consult your physician before beginning this program as you would with any exercise and nutrition program. If you choose not to obtain the consent of your physician and/or work with your physician throughout the duration of your time using the information found at our website, you are agreeing to accept full responsibility for your actions.

By continuing with these programs you recognize that despite all precautions on the part of Fitness and Nutrition Center, there are risks of injury or illness which can occur because of your use of the aforementioned information and you expressly assume such risks and waive, relinquish and release any claim which you may have against Fitness and Nutrition Center, or its affiliates as a result of any future physical injury or illness incurred in connection with, or as a result of, the use or misuse of the program.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. Every effort has been made to include accurate information, but further research and the advice of a physician is highly recommended. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of these pages, or simply wish to reach us for any other reason, you may do so by using our Contact information.

Additional information my be viewed by visiting Legal Statements and selecting the appropriate subcategory; for example, Anti-Spam Policy; Copyright Notice; Disclaimer; DMCA Compliance; Federal Trade Commission Compliance; Privacy Policy; Social Media Disclosure; or Terms Of Service & Conditions Of Use

CONTACT INFO:

artbreshears (at) gmail (dot) com

Federal Trade Commission Compliance

We make every effort at candor regarding any products or services we use, recommend, or otherwise make mention of at Fitness and Nutrition Center. We strive to clearly differentiate between our own products or services versus those of third parties, to facilitate inquiries, support, and customer care. Likewise, just as we (and any other legitimate business) may profit from the sale of our own products or services, we may also profit from the sale of others’ products or services (like any retailer) at http://rxsportz.blogspot.com/. Additionally, wherever products or services may give rise to income generation, we endeavor to provide realistic and factual data, but highlight the fact that the variables impacting results are so numerous and uncontrollable that no guarantees are in any way made. It is our goal to embrace the guidelines and requirements of the Federal Trade Commission (FTC) for the benefit of all, and with that in mind provide the following disclosures regarding compensation and disclaimer regarding earnings & income.

Note that material connections may not be made known at every single advertisement or affiliate link. Thus, to be safe, you should simply assume there is a material connection and that we may receive compensation in money or otherwise for anything you purchase as a result of visiting this website, and also that we may be paid merely by you clicking any link.

Amazon.com
One or more parties affiliated or associated with our Fitness and Nutrition Center website in some way may be an Amazon.com affiliate. This means that links to products on Amazon.com, as well as reviews leading to purchases, can result in a commission being earned. Again, disclosure of this material connection and the potential for compensation may not be made at every single possible opportunity. To be safe, simply assume there is a material connection and potential for compensation at all times. While this does not imply skewed or unduly biased reviews, full disclosure calls for this warning.

Compensation
You should assume that we may be compensated for purchases of products or services mentioned on this http://rxsportz.blogspot.com/ website that are not created, owned, licensed, or otherwise materially controlled by us. Stated differently, while most people obviously understand that individuals make a living by way of the profit that remains after the costs associated with providing their product or service are covered, at least theoretically there may be someone out there who does not understand that a third party can "affiliate" someone else's products or services and be compensated by the product or service creator/owner for helping spread the word about their offering. Just compare it to retailers. They seldom produce anything, but rather make their money connecting product and service creators with end users.

Admonition
Having said that, you cannot count on anyone looking after your interests but you. So, you ought to always do your own research into various offers and opportunities, to the extent that leaves you comfortable, doing your own due diligence prior to making any purchase of any product or service from this http://rxsportz.blogspot.com/ website or any other. Here is a great set of guidelines for you to keep in mind:

First, just always operate from the position that any website proprietor, including us at Fitness and Nutrition Center, will have a material connection to the product or service provider, and may be compensated as a result of your purchase, unless expressly stated otherwise. Aside from your purchases, note that even you actions could result in earnings for this website. For instance, there could be ads displayed on this http://rxsportz.blogspot.com/ website that we are compensated for displaying whenever a website visitor clicks on them.

Second, to the extent that we have every interest in positively furthering our business relationship with you, we certainly desire to share only those offerings that we believe will benefit you. Just because we are not the founder or originator of the product or service, we are not going to withhold knowledge of this offering from you. If you can get some benefit from it, regardless of whether or not you've taken advantage of our own products and/or services, we want you to do well. Thus, we make a good faith effort to only present to you items that we either personally use, have actually tried, or else have faith in the reputation of the provider or concept. You can count on us making this determination based on all relevant and applicable information at the time of the recommendation.

Third, despite the fact that it would be counterproductive to mention products or services that you'll find disappointing or inferior, not only are people different, but it’s also possible for us to have a lapse in judgment. Thus, to be extra cautious, even if you believe in our good faith motives, you may as well go ahead and keep in mind that we could be at least partially influenced by the monetization factor of listing various products or services on our http://rxsportz.blogspot.com/ website. Furthermore, in that vein, the reality is that there are sometimes other connections between parties that are not monetary, such as personal capital, goodwill, or otherwise, that could be an underlying undercurrent swaying the decision to promote a particular offering. Due to this hypothetical possibility, you should again simply nor rely solely on what we have to say, but rather just form your own independent opinion just to be safe. Finally, bear in mind that we might also receive free products or services, gifts, or review copies of items too.

Testimonials
Testimonials regarding the outcome or performance of using any product or service are provided to embellish your understanding of the offering. While great effort is made to ensure that they are factually honest, we at Fitness and Nutrition Center are not liable for errors and omissions. Aside from human error, some information may be provided by third parties, such as customers or product/service providers. The best results are not uncommonly correlated with the best efforts, discipline, diligence, and so on, and thus the results depicted cannot, in any way, be construed as common, typical, expected, normal, or associated with the average user’s experience with any given product or service. Exceptional results may be depicted by our website as highlights, but you are responsible for understanding that atypical outcomes may not reflect your experience. Aside from market conditions, products and services change over time. Older products may lose effectiveness. Newer products may not have a reliable track record.

Where products or services might pertain to earning money, the same safeguards about use of testimonials apply. Additionally, note that any related income figures are highly specific to the individual or entity that produced those results, and there can be no assurance that you will be able to leverage the same, or similar, products or services to achieve comparable results. The results, though real, may be the result of the conflation of a number of favorable circumstances that would be difficult to replicate, and so you must proceed with the knowledge that your outcome can differ from any shared on our website.

Professional Consultation
Many products and services are designed to solve problems. Common problem areas include legal, financial, and medical. We are in no way purporting to counsel you on issues related law, finances, or health. If you require guidance in these arenas, you should consider securing your own counsel from lawyers, accountants, tax professionals, investment advisors, or medical professionals before taking any action. Nothing we may ever communicate at Fitness and Nutrition Center, in print or spoken word, will ever be intended to constitute any such counsel, as we do not claim to be professionals in any of those disciplines. You assume all risk for actions taken, losses incurred, damages sustained, or other issues stemming from your use of any product or service in any way connected with or mentioned on this website. Indeed, such decision is solely your own, or else determined in conjunction with the professional guidance of the advisor of your choosing.

Use Of Products & Services
The following are facts you should be advised of if you intend to take advantage of any products or services.

The price paid for products and services change over time. Even the prices of staples and basic commodities change, and there are many factors such as supply and demand, sales and other customer acquisition incentives, and more. Price, and value, can be quite relative. Technology, innovations, product improvements, market penetration, and numerous other factors all weigh in. It is impossible to define the “right” price for any product and service. Willing buyers and willing sellers determine price at any given time. You accept the fact that your purchase reflects your own attribution of value at the time of purchase, and that the price may increase or decrease in the future.

The outcome you experience is dependent upon many factors. Aptitude and attitude go a long way towards success with products and services in virtually any niche, whether fitness or making money. Circumstances, experience, innate abilities, personality, education, time commitments, and perseverance are just a few factors. Given the smorgasbord of interrelated variables, there is no way to reasonably predict your specific outcome with any degree of reliability or certainty.

Income-Producing Products & Services
Income-producing products & services are likewise subject to the above cautions. In addition, however, there are additional factors we like to point out at Fitness and Nutrition Center. Unlike weight loss products or self-help materials, income-producing methods are influenced by the overall health of the economy in which one operates. In times of liquidity, money flows freely and commerce is easier. In times of perceived scarcity, fear, recession, depression, or otherwise, commerce is stymied. Results can be influenced by market sentiment, just as the stock market indices around the world are swayed heavily on news.

Income-producing products & services purchased should be viewed as just that – purchases. Though they can be investments in one’s business, it is not unreasonable to expect that there may not be an express return on that investment, per se. Often, business success is the convergence of a number of factors, methods, strategies, and so on. It can be hard to peg success to one method or machination. This does not necessarily undermine value of any given product or service, as it can have an additive effect. Or, it may have no effect. Since it can be difficult to tell, you should operate on the assumption that your outcome could be zero. We make no guarantees and you should only risk what you can afford to lose on any purchases on or through http://rxsportz.blogspot.com/.

Earnings & Income
In light of all of the factors above, impinging on the very nature of income-producing products and services, there is no way to guarantee results of any kind whatsoever. Accordingly, we affirmatively declare that we make no guarantees as to your earnings & income of any kind, at any time.

As with any business endeavor or investment, past performance is no guarantee or predictor of future performance. Any testimonials or other representations of results are for illustrative purposes only and, though every effort is made to ensure they’re factually honest, they are not intended to imply or insinuate what is likely to happen with you. Your reliance on them as such is not advised.

It should be noted that “earnings & income” is so phrased with specific intent. While income may typify the earnings most either seek or are accustomed to, earnings can come in non-monetary forms. These include some forms that are abstract or intangible, and thus not even readily converted to currency or a common medium of exchange. Thus, note that all manner of compensation, including earnings of a non-income yet nevertheless beneficial form, are covered by these provisions.

Affiliates & Other Third Parties
It should also be noted that we only have control over, and thus only accept responsibility for, the content of this http://rxsportz.blogspot.com/ website authored by us. Any representations made by others should be considered prima facie unauthorized. You may also read, hear, or otherwise come into contact with commentary about any of our products & services or offerings, and should assume those have likewise not been authorized.

While information, in any form, can arise, at any time, regarding our products & services, there may be times when this results from an affiliate relationship. In other words, we may permit our products & services to be marketed through other individuals, businesses, websites, and otherwise, just as providers of goods and services use retailers and other vendors to make available what they offer.

You should not construe a third-party offer as an endorsement by that third party of any product or service. You should, more conservatively, view it as an offer to buy something. Likewise, as alluded to previously, note that we cannot fully control all marketing practices by all parties. With the use of “mirror” sites, indirect or unauthorized affiliates, “tiered” affiliate structures, and so on, policing the world wide web with any modicum of thoroughness is unlikely. We make reasonable efforts to ensure our affiliates comply with our policies and represent our products & services consistent with our guidelines. However, at Fitness and Nutrition Center we cannot always guarantee they will do so. You are always free to report concerns or abuses via our Contact information.

Customer Care
Last, but not least, please note that our role in briefing you on products and services other than our own is simply as a "matchmaker." We do not provide any support or customer service for those items and you should always contact the owner or provider of those products or services to have any and all questions answered to your satisfaction before purchasing.


CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Fitness and Nutrition Center, in order to protect you and our http://rxsportz.blogspot.com/ website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Fitness and Nutrition Center have paid to license the use of these legal notices and administrative pages on http://rxsportz.blogspot.com/ for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of these pages, or simply wish to reach us for any other reason, you may do so by using our Contact information.

CONTACT INFO:

artbreshears(at)gmail (dot) com

Monday, May 18, 2015

Anti-Spam Policy

The following describes the Anti-Spam Policy as outlined in the Table of Contents for Legal Statements for our http://rxsportz.blogspot.com/ website.

What Is Spam?
Spam is unsolicited email, also known as junk mail (received via email), or UCE (Unsolicited Commercial Email). Virtually all of us have opened the inbox of an email account and found emails from an unknown sender. By sending email only to those who have requested to receive it, we at Fitness and Nutrition Center are following accepted permission-based email guidelines.

What About The Laws Against Spam?
They exist. However, as with any body of laws, any individual State spam statutes can and will vary. The spam laws of each State can not only vary, but also have different definitions of unsolicited commercial email. Additionally, there may be various federal agencies keeping track of spam, including the Federal Trade Commission (FTC). At the Federal level, the CAN-SPAM Act of 2003 promulgates some attempt at a coherent and unified approach to unsolicited commercial email. Ultimately, it would be difficult to enforce spam law violations on any consistent or pervasive basis, so your own vigilance is your own best first line of defense. Beyond that, we protect you by ensuring that you are 100% in control of whether or not you ever hear from Fitness and Nutrition Center by email initially or in the future, as detailed in our “No Tolerance” policy below.

Our No Tolerance Anti-Spam Policy
WE HAVE A NO TOLERANCE SPAM POLICY. We do not email unless someone has filled out an "opt in" form or "webform" expressing an interest in our information or products and/or services, or otherwise directly and proactively requesting it. News of the features and benefits of Membership is spread through advertising, joint venture marketing, and word of mouth, so we are only building relationship with folks who wish to learn more about what we have to offer and willingly subscribe to our content and contact through email. You are always completely in control of whether you receive email communication from http://rxsportz.blogspot.com/, and can terminate at any time.

NOTE - Every auto-generated email contains a mandatory unsubscribe link that cannot be removed. Therefore, each communication generated by http://rxsportz.blogspot.com/ carries with it the option to "unsubscribe" and never receive another email communication from Fitness and Nutrition Center.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Fitness and Nutrition Center, in order to protect you and our http://rxsportz.blogspot.com/ website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Fitness and Nutrition Center have paid to license the use of these legal notices and administrative pages on http://rxsportz.blogspot.com/ for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.


QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of these pages, or simply wish to reach us for any other reason, you may do so by using our Contact information.

CONTACT INFO:

artbreshears(at)gmail (dot) com