TERMS AND CONDITIONS

Please read the following information carefully before using this website:

These Terms of Use and Privacy Policy (collectively, the “Terms”) shall be governed by construed in accordance with the laws of the State of New York. OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME, BY ACCESSING AND USING TIM RITTER’S OVER 40 AND RIPPED, (“OVER 40 AND RIPPED”) WEBSITE (“WEBSITE”) OR ANY OF ITS PRODUCTS, SERVICES, OFFERS AND CONTENT (I.E., THE TEXT, IMAGES, DATA, AND INFORMATION) CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF (COLLECTIVELY “WEBSITE MATERIALS”), YOU SIGNIFY YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY WEBSITE MATERIALS FROM IT.

Please bear in mind that this program is organized under the laws of the State of New York, and has its headquarters in New York. The servers that host this Website are located in the United States, and any personal details you provide to us will be processed by Maintenance Motions, in the United States.

Website Notice Regarding Medical Advice

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an informational service that provides general health information in story and report form, and is intended only to provide the first-hand experiences of Tim Ritter on his health journey and other results he has witnessed and research he has uncovered which may or may not be helpful to you. By using this site and/or ordering any products or services you take responsibility for your own actions, understanding that all information and/or products may or may not be helpful for your particular circumstances and may even be detrimental or harmful. In using this site and/or ordering any products you hereby release Tim Ritter, Maintenance Motions, Over 40 and Ripped and all of their affiliates from liability if you choose to utilize any information or programs, or use products purchased from within any programs offered on this site, that may be helpful but could be detrimental to your health. What works for one, does not always work for another, and can even be harmful to another. You agree to indemnify and hold harmless Tim Ritter, Maintenance Motions, Over 40 and Ripped and their officers, affiliates and associations when you use or order anything from this site and/or information and/or products obtained from programs purchased from this site. Tim Ritter, FacelessFatloss, Over 40 and Ripped and Maintenance Motions are not a medical organization and our staff will not give you medical advice or diagnosis. Nothing contained on these websites should be construed as medical advice, diagnosis, prevention or treatment of any disease. The information and materials provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by those under the age of 18 (or the age of majority in the jurisdiction where you reside) pregnant women, or individuals with any type of health condition. Such individuals are strongly discouraged from using this website and are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or exercise regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or 911 immediately. Over 40 and Ripped does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

Minors Policy

WE DO NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN. We are committed to protecting the privacy of children. Neither Over 40 and Ripped, nor any of its services or associations are designed or intended to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. If we discover that any personally identifiable information from a minor under the age of 18 has been submitted to Over 40 and Ripped, or this or associated websites unbeknownst to Over 40 and Ripped, we will remove that information from our database as soon as possible.

Intellectual Property Rights

Ownership

All Website Materials, including any intellectual property rights in such Website Materials, are the property of Over 40 and Ripped, its affiliates, licensors, or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms.

Limited Right to Use Website

Subject to these Terms, you may view, copy, print, and download the Website Materials solely for personal and informational purposes without modification in any way. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page or work. The Website and the Website Materials, and all intellectual property rights therein, are the property of Over 40 and Ripped and its licensors, and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must keep intact all copyright and proprietary notices. Further, nothing contained in the Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright or trademark of Over 40 and Ripped, or any third-party.

Third-Party Content Providers

With respect to any Content obtained from or belonging to Over 40 and Ripped, the following applies:



“This information is proprietary to Over 40 and Ripped, and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sub-license, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.”

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make commercially reasonable efforts to remove, disable, or restrict access to the availability of Website Materials on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Over 40 and Ripped, any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.

If you believe someone has violated this policy, we ask you to promptly notify our Customer Service department by e-mail at (maintenancemotions at yahoo dot com) and by snail mail at 3349 Monroe Ave. #233, Rochester, NY 14618.  You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Privacy Policy

Over 40 and Ripped is committed to protecting the privacy and security of the personally identifiable information and personal health information you provide to us and any reports based on such information that is personally identifiable (collectively, “Personal Information”). We want to share with you how we treat Personal Information about you that we receive in connection with this Website.

Changes to Privacy Policy

By using the website, you signify your agreement to the terms of our Privacy Policy. If you do not agree with these terms, you should not use the site. Over 40 and Ripped, may modify this Privacy Policy at any time. If a material change is made to this Privacy Policy and/or the way we use our users’ personally identifiable information or personal health information, then we will post a prominent notice of the nature of such change on the first page of this Privacy Policy. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the Website indicates your assent to any changes to this Privacy Policy.

Information Over 40 and Ripped Collects

Sections of this Website (including restricted portions of this Website) that allow for the submission of Personal Information (referred to for convenience as “Profile Pages”) contain a function for collecting various pieces of your Personal Information including, but not limited to, your name, address, email address, credit card or debit account information, and your zip code. We only collect Personal Information if you voluntarily submit the information to us for such purposes as purchasing our products, registering for use of restricted portions of this Website, completing surveys conducted by Over 40 and Ripped, or a contractor acting on our behalf, or requesting information or services. For your information, through certain technologies employed by this Website we may also collect non-personally identifiable information about you via cookies. In the event of a complaint, we may also receive personally identifiable information about you from other Website subscribers or from other users or third parties who may communicate information to us about you in relation to that complaint.

Third Party Financial Institutions and Affiliates

Over 40 and Ripped submits payment information directly to Clickbank, Paypal or other credit card merchant vendors when you purchase products on the Over 40 and Ripped Website. This information includes your credit card or debit card number and your zip code. These vendors may use this information to process your order and record and file the information. If you return purchased products or request a refund or exchange, you may be asked to give your name, address and any other identifiable information that is deemed necessary to verify your identity. This information may be collected by these vendors to prevent fraud and identify theft

How Over 40 and Ripped, Uses Personal Information

Over 40 and Ripped reserves the right to compile, save, use within the scope of our activities, and analyze any and all data (contact and personal data, use history, etc.) that we collect from you through the Website. We use the Personal Information that you provide to us for our internal purposes such as (a) creating a user profile for you based on the Information Pages you complete, (b) responding to inquiries and requests that you may make, and (c) alerting you to new products and service offerings that may be of interest to you. Over 40 and Ripped may communicate its response to inquiries or requests from you, or provide you with recommendations or reports, or alert you to new products and service offerings, by sending you emails, cell phone text messages, or placing telephone calls to you. If you decide, after receiving an electronic, text, or telephonic message, that you would prefer not to receive any such communications from Over 40 and Ripped, you may “Opt-out” of receiving such messages by simply setting your notification settings on your profile page.

Except as otherwise stated herein, Over 40 and Ripped does not trade, rent, or share your Personal Information with third parties, other than the above credit card processing vendors, unless you authorize us to do so. Your Personal Information will be used only in accordance with this Privacy Policy and applicable privacy laws and Over 40 and Ripped will not share such information with any physician or other health care professional, employer, insurer, family member, or anyone else, unless you expressly authorize Over 40 and Ripped to do so. Notwithstanding anything to the contrary contained in the foregoing, Over 40 and Ripped may disclose your Personal Information to, and allow its use by, trusted third-parties we have hired to provide services for us such as conducting online surveys for us or collecting and processing information on our behalf; provided such third parties are subject to terms no less restrictive than those set forth herein to protect your Personal Information.

Personally identifiable information that is collected from our surveys is used for research purposes, and is not used for sales solicitations. When a survey is sponsored by a third party, non-personally identifiable aggregated information of the survey results is reported to the sponsor. Personally identifiable information collected through market research will be used only by Over 40 and Ripped and its service providers and contractors and will not be given or sold to a third party without your consent or as otherwise permitted by this Privacy Policy. We will not knowingly accept survey responses from or conduct interviews with any person under the age of 18.

Although Over 40 and Ripped currently does not have a parent Over 40 and Ripped any subsidiaries, joint ventures, or other companies under common control with Over 40 and Ripped, (collectively, “Affiliates”), Over 40 and Ripped may in the future. In the future, Over 40 and Ripped may share some or all of your Personal Information with these Affiliates, in which case Over 40 and Ripped will require its Affiliates to honor this Privacy Policy. If Over 40 and Ripped or its assets are acquired by another Over 40 and Ripped that Over 40 and Ripped will gain access to the Personal Information collected by Over 40 and Ripped. Over 40 and Ripped will use reasonable efforts to require the acquiring Over 40 and Ripped to assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. In addition, Over 40 and Ripped may disclose your Personal Information if Over 40 and Ripped believes in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on Over 40 and Ripped.

Over 40 and Ripped may also collect and group demographic and preferences information, responses to surveys, and other Personal Information we collect from you in an aggregated, non-personally identifiable form for disclosure to our existing and potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregated data will in no way personally identify you or any other visitors to this Website.

Information Collected by Third Parties Not Acting on Behalf of Over 40 and Ripped

Sponsors or advertisers on this Website may use their own Cookies or other online tracking technologies in the advertisements served on the Website and in emails, special promotions or newsletters you agree to have sent to you as a result of being on our site. Some advertisers use companies other than Over 40 and Ripped to serve their ads and to monitor users’ responses to ads, and these companies (“Ad Servers”) may also collect Non-Personal Information through the use of Cookies or Web Beacons on our Website. In certain situations, information collection may be facilitated by momentarily directing your browser to the website of an Ad Server or other third party acting on behalf of the sponsor, partner, or advertiser before re-directing your browser to its selected area. You should be aware that Over 40 and Ripped cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies.

Updating or Removing your Personal Information

As a registered Over 40 and Ripped user you can modify your Personal Information at any time by accessing the “User Profile” section of the Website. Over 40 and Ripped will allow you to correct, update or review information you have submitted by going back to the specific user information page, logging-in, and making the desired changes. Also, upon your request, Over 40 and Ripped will use commercially reasonable efforts to functionally remove you and your Personal Information from the Website; however, it may be impossible to remove your entry without some residual information being retained by Over 40 and Ripped. Registered users who wish to close their account should contact us at maintenancemotions at yahoo dot com.

If you have a complaint or problem, please email us at maintenancemotions at yahoo dot com. Our Support team will forward your complaint to the appropriate internal Over 40 and Ripped, department for a response or resolution. We try to answer every email within 2 business days. If you want to (1) delete your personally identifiable information from our systems, (2) update the personally identifiable information that you have provided to us, or (3) change your preferences with respect to marketing contacts or other activities; you can email us at maintenancemotions at yahoo dot com.

Or you may write to us at:

Attention: Maintenance Motions

3349 Monroe Ave. #233

Rochester, NY 14618

Third-Party Products, Services, Information, and Websites Links

This Website may refer to products, services, or other information from third parties and/or contain links to websites operated by third parties. Such information and these links may be provided by Over 40 and Ripped or any user of the Website. The fact that these links, products, and services are available to you on the Website does not imply that Over 40 and Ripped endorses or recommends, or is associated with, such third-parties or their products, services, information, websites or the contents thereof. Over 40 and Ripped has no authority or control over, and is not responsible for, the operation, performance, availability, content, or other aspects of any third-party products, services, information, or websites. Furthermore, Over 40 and Ripped has no obligation to verify the content of such websites or information. If you decide to access any of the third-party websites linked to this Website or use any third-party products, services, information, or websites or the contents thereof, you do this entirely at your own risk. OVER 40 AND RIPPED DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.

Authority of Website Administrator

Subject to the terms contained herein and in the Privacy Policy, Over 40 and Ripped may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Website Materials or any link at any time without liability or prior notice. Over 40 and Ripped may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms.

Linking

You may not provide a direct link to the top page of this Website, unless and until Over 40 and Ripped gives you notice that you may link to this Website.

Compliance with Digital Millennium Copyright Act

Over 40 and Ripped respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the Website Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Over 40 and Ripped to locate the Website Material;

• Information reasonably sufficient to permit Over 40 and Ripped to contact the complaining party;

• A statement that the complaining party has a good faith belief that the use of the Website Material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact Over 40 and Ripped,’s Copyright Agent at:

Attention: Maintenance Motions

3349 Monroe Ave. #233

Rochester, NY 14618

Security Statement

Over 40 and Ripped employs commercially reasonable security programs to protect your Personal Information from unauthorized access, use, or disclosure. However, you should be aware that Over 40 and Ripped cannot fully eliminate security risks associated with Personal Information. Despite Over 40 and Ripped’s strong efforts to protect your personally identifiable information and personal health information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.

Use of Cookies

Like most websites, Over 40 and Ripped requires cookies to function properly. Cookies are small text files that reside on your computer and identify you as a unique user. We use cookies to refine our site and simplify the user experience. This cookie technology allows users to move more quickly through our Website. For example, the use of cookies allows registered users to enter our site without explicitly typing in their email address and password every time they access this Website. Over 40 and Ripped uses session ID cookies for increased security reasons. The user’s session ID cookie stores only an identification ID that Over 40 and Ripped uses to identify a user as the user moves throughout the Website. The session ID cookie does not contain any personally identifying information. When a user closes the browser, logs out, or goes for extended periods of time without activity, the cookie terminates.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features available on the Over 40 and Ripped Website.

General terms

Amendment, Suspension and Termination

Subject to the provisions above, Over 40 and Ripped may modify, and amend these Terms as it deems appropriate at any time with or without notice, by updating this posting. Each such modification will be effective as of the date of the posting of the amended Terms. You should visit this page periodically to review the then-current Terms. If at any time these Terms are not acceptable to you, you should immediately cease use of the Website and Website Materials. You agree that the above-stated standard for notice of amendments is reasonable. In addition, Over 40 and Ripped reserves the right to suspend, discontinue, or terminate your access to the Website or Website Materials at any time, for any reason, and with or without notice.

Limitation of Liability

IN NO EVENT WILL OVER 40 AND RIPPED,OR ITS SUPPLIERS OR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS 

OR DAMAGE TO DATA, ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS WEBSITE OR THE WEBSITE MATERIALS, ANY LINKED WEBSITE, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, OR DAMAGES FROM YOUR RELIANCE ON THE RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM THE WEBSITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF OVER 40 AND RIPPED OR ITS SUPPLIERS OR LICENSORS, ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer 1 of 2

OVER 40 AND RIPPED ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE MATERIALS PROVIDED ON THIS WEBSITE. YOU AGREE THAT OVER 40 AND RIPPED IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY WEBSITE MATERIALS OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE WEBSITE MATERIALS ON THIS WEBSITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. OVER 40 AND RIPPED IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM THE WEBSITE THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITE, HAVE EXPIRED, OR HAVE BEEN REMOVED. THE WEBSITE MATERIALS ARE PROVIDED “AS IS” AND OVER 40 AND RIPPED MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY WEBSITE MATERIAL DISTRIBUTED THROUGH ITS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OVER 40 AND RIPPED HEREBY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITIONS OR OTHER TERMS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

BY USING THIS WEBSITE YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH THE WEBSITE OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.  OVER 40 AND RIPPED IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON THE WEBSITE, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.

Indemnification

You agree to defend, indemnify and hold harmless Over 40 and Ripped, Maintenance Motions, and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising out of or in connection with your use of 

this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from your use of this Website.

Miscellaneous

The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of Over 40 and Ripped to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The provisions stated herein are severable and if any provision(s) of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

With respect to any and all disputes arising out of or in connection with this Website or these Terms, Over 40 and Ripped and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

Over 40 and Ripped has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other Over 40 and Ripped users. Over 40 and Ripped reserves the right, but has no obligation to, monitor disputes between you and other members. This Website, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. Over 40 and Ripped and you agree that all disputes arising under these Terms will be settled exclusively through confidential binding arbitration in Monroe County New York or another forum mutually agreed upon by you and Over 40 and Ripped pursuant to the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association by a sole arbitrator nominated by agreement of you and Over 40 and Ripped and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Over 40 and Ripped is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision.

These Terms constitute the entire agreement between you and Over 40 and Ripped with respect to the subject matter hereof. Neither you nor Over 40 and Ripped shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms. No modification or amendment to these Terms by you will be effective unless assented to in writing by Over 40 and Ripped

Contacting Over 40 and Ripped

Questions regarding these Terms should be directed to:

Attention: Maintenance Motions

3349 Monroe Ave. #233

Rochester, NY 14618

If you have any specific questions about our Privacy Policy, the privacy practices of this website, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact us by email at maintenancemotions at yahoo dot com or write to us at the following address:

Attention: Maintenance Motions

3349 Monroe Ave. #233

Rochester, NY 14618

DISCLAIMER 2

This website is an educational and entertainment service that provides general health information based on anecdotal experience. The materials in Over 40 and Ripped and/or from Maintenance Motions are provided “as is” and without warranties of any kind either express or implied.

AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the health, dieting information, supplement information, or exercises (including products and services) mentioned at Over 40 and Ripped and/or from Maintenance Motions should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

2. There may be risks associated with participating in activities mentioned on Over 40 and Ripped for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not use any information provided if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary or other activities.

3. Facts and information are believed to be accurate at the time they were placed on Over 40 and Ripped. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

4. You agree to hold Over 40 and Ripped, Tim Ritter, Maintenance Motions, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the information, fitness, diet and/or supplement plans discussed on this website, excepting only claims for gross negligence or intentional tort.

5. You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in Monroe County, NY, USA, and NY law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.

6. Testimonials, case studies, and examples found at Over 40 and Ripped and/or Maintenance Motions are unverified results that have been forwarded to us by users of these programs, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at Over 40 and Ripped and/or from Maintenance Motions. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.

7. Any material connection that we have with a third party provider of goods or services mentioned on Over 40 and Ripped and/or from Maintenance Motions are explained in our Compensation Disclosure below.  This policy is incorporated by reference into these Health Disclaimers. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on Over 40 and Ripped.

If you have any questions about these disclaimers or about testimonials, case studies, and/or examples found at Over 40 and Ripped and/or from Maintenance Motions , please send an e-mail to maintenancemotions at yahoo dot com or write us at the following address:
Maintenance Motions

3349 Monroe Ave #233

Rochester, NY 14618

Please note that the content of this page can change without prior notice.