Rubia Terms and Conditions

Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using ericarodas.com website (the “Website” or “Services”), which is owned and operated by Erica Rodas, a sole proprietor (“Rubia”, “Company”, “us”, ‘we”, “our”).

 Acceptance of the Terms and Conditions

 The following Terms and Conditions govern your access to and use of the following services (collectively known as the "Services") whether as a guest, account holder, or registered user: (1) your access to and use of the Website; and (2) your access to and use of other services we provide to you including any content, functionality, programs, and other services offered on the Website or through other Services.

Please read the Terms and Conditions carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at [ericarodas.com] incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website and/or Services.

This Website is offered and available to users who are 18 years of age or older.  By using the Website, you represent and warrant that you are of legal age to form a binding contract with Rubia and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

DISCLAIMERS

For Educational and Informational Purposes Only

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

Not Medical or Mental Health Advice

We are not, nor are we acting in the role(s) of doctor/physician, nurse, physician’s assistant, nurse practitioner, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, occupational therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist. Services are considered complementary alternative modalities and are in no way meant to replace medical care or attempt to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through our Website pertaining to your health or wellness, exercise, relationships, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that we are not providing medical or mental health advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.

At times, there may be information presented by Erica Rodas (“Erica”) on the Website. Please note that Erica is not acting as an occupational therapist within this entity. The techniques and tools offered are informed by her years as a clinician, as a Pilates instructor, health coordinator, and in her own health exploration – but are not meant as medical advice or to replace that of a primary care provider (doctor, midwife, therapist, PT/OT, etc). It is always suggested to speak to your care provider before beginning any change in your routine. Erica does not take responsibility for those that do not follow these recommendations. Should she feel as though something is outside of her scope, she will refer you to the appropriate practitioner.

Not Legal or Financial Advice

We are not attorneys, accountants or financial advisors, nor are we holding ourselves out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.

Earnings and Health Outcomes Disclaimer

Any earnings, income statements, or health outcomes examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial or health outcome based on the use of our Website. You agree that we are not responsible for your earnings or health outcomes, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion.  We reserve the right to update, change or replace any part of these Terms and Conditions at any time by posting updates and/or changes to the Website.  All changes to the Terms and Conditions are effective immediately.  You can review the most current version of the Terms and Conditions on this page at any time.  It is your responsibility to check this page periodically for changes as they are binding on you. 

Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.  

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion with or without notice.  We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with or use the Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, available at [ericarodas.com], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Rubia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

-                Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

-                You may store files that are automatically cached by your Web browser for display enhancement purposes.

-                You may print or download copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

-                Where we provide social media features, you may take such actions as are enabled by such features.

You must not: 

-                Modify copies of any materials from the Website.

-                Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

-                Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

-                You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: erica@ericarodas.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Rubia.  Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

 The Company name, Rubia logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rubia or its affiliates or licensors.  You must not use such marks without the prior written permission of Rubia.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Rubia and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Rubia with copyright authorship for this compilation by Rubia’s owner, Erica Rodas. 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website: 

-                In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

-                To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms and Conditions.

-                To impersonate or attempt to impersonate Rubia, or a Rubia employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses, usernames, or other identifiers associated with any of the foregoing).

-                To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” chain letter,” “spam,” or any other similar solicitation.

-                For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

-                To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Rubia or users of the Website, or expose them to liability.

Additionally, you agree not to: 

-                Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

-                Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

-                Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

-                Use any device, software, or routine that interferes with the proper working of the Website.

-                Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

-                Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

-                Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

-                Otherwise attempt to interfere with the proper working of the Website.

User Contributions

 The Website may contain forums, bulletin boards, personal web pages or profiles, contact forms, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to other users or other persons (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms and Conditions.

Any User Contribution you post to the website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us, and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:  

-                You own or control all rights in and to the User Contributions and have the right to grant the license to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

-                All of your User Contributions do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rubia, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

-                Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

-                Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

-                Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

-                Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  You waive and hold harmless Rubia and its affiliates, licensees, and service providers from any claims resulting from any action taken by Rubia during, or taken as a consequence of, investigations by either Rubia or law enforcement authorities.

However, we cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions on the Website.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

-                Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

-                Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

-                Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

-                Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy, available at [ericarodas.com].

-                Be likely to deceive any person.

-                Promote any illegal activity, or advocate, promote, or assist any unlawful act.

-                Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

-                Impersonate any person or misrepresent your identity or affiliation with any person or organization.

-                Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

-                Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

 The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rubia, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Rubia.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Testimonials

We present real world experiences, testimonials, and insights about other people’s experiences with our Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

No Guarantees

Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

Errors and Omissions

Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, or of those of any other individual or company affiliated with our business or us in any way. Because scientific, technology and business practices are constantly evolving, you agree that we are not responsible for the accuracy of my Website, or for any errors or omissions that may occur.

Affiliates

From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Please note that we are highly selective and we only promote the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through our Website.

No Endorsement

References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website either.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER RUBIA NOR ANY PERSON ASSOCIATED WITH RUBIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER RUBIA NOR ANYONE ASSOCIATED WITH RUBIA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, RUBIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RUBIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Release of Claims

You hereby fully and completely hold harmless, indemnify and release us and any of our agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with our business or us from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of the state of New York, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Rubia and you, or its business partners and associates.

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in the state of New York and you consent to exclusive jurisdiction and venue of such courts.

Waiver and Severability

No waiver by Rubia of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rubia to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Rubia regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing. To review our Privacy Policy, see [ericarodas.com].

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: erica@ericarodas.com.