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Terms & Conditions and Privacy Policy

Welcome to the Revolutionary Wellness Challenge website.

This website is owned and published by JJR Research LLC; d/b/a Jack Kunkel’s Revolutionary Wellness and Jack Kunkel Revolutionary Nutrition, collectively referred to as “JJR Research LLC.”
We hope this will be a wonderful and, well . . . revolutionary experience for you, for your health and overall wellness. To that end, we’ve created this page to share the rules of the road, because it’s far easier to provide a great experience when everyone knows what to expect.

At our website, www.jackkunkel.com, (website, site), we provide useful information through blog posts, videos, personal and corporate challenges, exercise planning, nutritional assessments, recipes and other resources designed to help you achieve your health and fitness goals. When you visit our site, you and your use of the resources on the site are subject to these rules of the road. If you disagree with any part of these rules, please do not use our website.

TERMS OF SERVICE

The following TERMS OF SERVICE AGREEMENT (“Service Terms,” Terms of Use” “Agreement” or “Terms”) and other policies incorporated by reference in these terms, including our PRIVACY POLICY are subject to change at any time at the sole discretion of JJR Research, LLC. You are advised to visit the site regularly for updates. Updates will be posted on the site and become effective as of the date of posting. By using the website after we post any changes to these terms, you are also agreeing to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of service your only remedy shall be to discontinue the use of the website.

Please read these Terms of Service, which together with our Privacy Policy form a legally binding agreement between JJR Research, LLC (“we” “us” “our” or “owner) and you (“you” “your” “user” or “member”), and govern how you may use this site. By using this website, you are agreeing to be bound by these terms in your use of the site and/or purchase of the products and services offered thereon.

This agreement has been written in English (US). In the event a translation of this agreement into any other language shall conflict with the English version, the English version controls.

Date of Last Revision: February 6, 2017.

1. Basic Terms

By using our website, participating in contests, or purchasing the products, challenges or other services offered thereon, collectively referred to as the “Services,” you represent, warrant, acknowledge and agree that you are at least 18 years of age, that your access to, and use of, the Services does not violate applicable laws, that all information your provide in connection with registering for and using our website is accurate and true and that you agree with these Terms. If you do not agree to these Terms, you may not use our website or enroll or register for any of the Services offered on our website. We reserve the right, but not the obligation, to deny, in our sole discretion, any User access to our Services without notice for any, or no reason.

By enrolling in, or otherwise accessing our Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services, provide any contact information, including an email address or telephone number in connection with such Services, (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. You are entirely and solely responsible for maintaining the confidentiality of your password and account for any Services you sign-up for. Furthermore, you are also entirely and solely responsible for any and all activities that occur under your account. You agree to notify JJR Research, LLC immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide any documented evidence reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by JJR Research, LLC or another party due to someone else using your account or password.

JJR Research, LLC makes every effort to keep its website up and running smoothly. However, we do not take any responsibility for, nor will be liable for, the website being unavailable due to technical issues beyond our control. You understand and agree that your use of www.jackkunkel.com is entirely at your own risk and that access to our site and the content therein is provided “As Is” and “As Available”. We do not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.jackkunkel.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error- free or that defects in the service will be corrected.

All of our rights and obligations as spelled out under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

2. Your Privacy

We respect your privacy and make every effort to keep your data secure. However, this website may use cookies to monitor browsing preferences. You may choose whether or not you will allow cookies to be used on your computer by adjusting the settings in your browser. Please review our Privacy Policy, which also governs your use of our Website and/or Mobile applications, for details of our security measures and what data we may collect and how it may be used.

We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Third-Party Links

These terms of service apply only to our site at www.jackkunkel.com, and not to the website of any other company or organization, including any such site that we may link to. As we do not create, maintain, endorse, or otherwise assume any responsibility for the products, content, advertising, or other materials offered on any other website we will not, under any circumstances assume any responsibility or liability whatsoever, either directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any other site.

4. Payment Policy

Certain Products and/or Services require payment by or on your behalf, via a valid credit or debit card or other payment method (collectively “Payment Method”), to us. By providing such Payment Method to us or permitting such to be provided on your behalf, you represent that you are authorized to request transactions using the Payment Method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (i) submit a transaction using the card information provided to us; (ii) submit automatic recurring transactions, including those on a monthly, quarterly, bi-annual or annual basis (“Membership Service” or “Membership”) for Membership renewals; and (iii) obtain automatic updates for cards provided to us. You may cancel your Membership at any time through your member portal or by contacting us through the Contact Us page. You further acknowledge and agree that, subject to our then current member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment, or to the Services, including termination of Membership or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.

If you sign up for our monthly, or other Membership term you select, we will bill you for your online account using the billing information you provide (your “Billing Account”) for use of the Membership Service. A one-month term is agreed by each User to be a 30-day period. You agree to pay all charges at the prices then in effect for your use of the Services using your Billing Account, and any applicable taxes, and you authorize JJR Research, LLC or its designated representative to charge your chosen Payment Method for the Membership Service. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If JJR Research, LLC does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by the Payment Method Provider, we may re-attempt to bill such rejected payment to your Payment Method Provider. JJR Research, LLC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. You can cancel your Membership or other Services at any point during your current Membership term to avoid subsequent fees being billed by using our contact form located here or by logging into your account, http://www.Jackkunkel.com/members, and following the prompts. When you cancel your Membership, provided you were not on a Trial, you will still be able to have access to your Membership until the end of the then current Membership period.

Some of our Services are available for a one-time fee. Services which require a one-time payment will be billed once and be available to the user for the length of time specified in the purchase details. If you are not satisfied with your purchase, please contact us within 30 (thirty) days from the original date of purchase to discuss your concerns. We will do our best to address your concerns. However, due to the nature of the Services offered we cannot and do not offer refunds of any kind.

If you have joined under a special introductory trial offer (for example, a discounted or free initial trial) (hereinafter”Trial”), you hereby acknowledge that unless you cancel before the expiration of your Trial the applicable fee for the Membership selected will be posted to your Payment Method as soon as the trial period is completed. In order to receive any refund for a charge made after you have cancelled you must provide proof of cancellation. Such proof will be limited to the automated confirmation email from JJR Research, LLC showing the date and time of said cancellation. When you cancel your Membership while on a Trial you will immediately cease to have access to your Membership.

You agree that there is one (1) introductory or trial offer (“Trial”) for use per member/computer/email address. You further agree that if and when you choose to re-activate and continue your Membership, your account will re-activate at the then current monthly fee. Use of multiple Trials by you is prohibited and JJR Research, LLC may charge one regular monthly fee for each additional Trial used by you after the first, even if each subsequent Trial is canceled within the said Trial period.

If you feel your Membership has been turned off in error, or if you would like to discuss upgrading your Membership, please contact our customer service team at the contact page on our website.

5. License to Use the Services

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use our Services subject to these Terms. You may only use our Services for personal, or personal business purposes, provided that such personal business use is exclusively for the benefit of your company’s employees and/or owners, and not for the purposes of reselling said Services or other commercial gain by the User, without the express written permission of JJR Research, LLC. Furthermore, at all times, said usage must be for lawful purposes. You may not use our Services in a manner that exceeds the rights granted for your use.

You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Services, in any medium, or (ii) alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose, without JJR Research, LLC’s prior written consent. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content from Services or to manipulate the Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by us. You may not use information obtained from the Services to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.

6. Copyright

All content included in or made available through our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of JJR Research, LLC, and/or its content suppliers and protected by United States and International Copyright Laws.

JJR Research, LLC reserves all rights. No part of this site may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from JJR Research, LLC, including the compilation of all content included in or made available through any portion of our Website, which is the exclusive property of JJR Research, LLC and protected by U.S. and international copyright laws.

7. Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available on any portion of the Website are the exclusive trademark or trade dress of JJR Research, LLC in the U.S., Canada and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not JJR Research, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our website. All other trademarks not owned by JJR Research, LLC that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and are used with the owner’s permission. Any trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

8. Restrictions On Use

Unless otherwise noted, you may access and use the information and materials within our website for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on www.jackkunkel.com. You must obtain written permission from us, or any other person or entity who owns intellectual property on our website before you may publish, distribute, display, or commercially exploit any material from the site. By using www.jackkunkel.com, you expressly agree to abide by our copyright and trademark restrictions and notices and to only use our website and the content thereon in accordance with such restrictions and notices.

The above notwithstanding, users and members of our Services who upload proprietary content for their business use and purposes, in accordance with these terms, retain all intellectual property rights to such content. Violation of this notice shall result in the termination of your account without any refund for any remaining portion of Your Membership.

9. Your Account and Registration

When signing up for a www.jackkunkel.com account, users must provide their real names and information, and keep such information up-to-date and accurate. User may not create an account for anyone other than themselves, transfer their account to another User without our permission, nor create more than one personal account per company.

We only offer our Services directly to adults. If you are under 18, but at least 13 years of age, you may only use our Services with the supervision and involvement of a parent or legal guardian.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. In addition, the following rules shall apply to your account:

You will not collect users’ content or information, or use www.jackkunkel.com using automated means (i.e. spiders, harvesting bots, robots, or scrapers) without our prior permission.
You will not post, upload or publicize any outside business or otherwise use our website in a commercial manner, engage in unlawful multi-level marketing (i.e. pyramid schemes), post material that solicits funds, or that advertises or solicits goods or services, post material known to be false, post messages that contain stock touts; or post or transmit any information, software or other material that contains a virus or other harmful component
viruses or malicious code on www.jackkunkel.com.
You will not solicit login information or access any account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post any content or information that: is threatening, pornographic, hate speech, contains nudity or graphic or gratuitous violence, or any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, that incites violence or that would otherwise violate any law.
You will not do anything that could disable, impair, overburden, or damage the website.
You understand that all content and information posted by a user expresses the views of that particular user and we will not be responsible for the content or information in any post made by any user.
You will not encourage or facilitate any violations of these Terms of Service.
If you collect any content or information from users you will: obtain their consent, make it clear that you (not Jack Kunkel’s Revolutionary Wellness) are the one collecting their information, and post a privacy policy explaining what content or information you collect and how you will use it.

We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

User Grants a Perpetual License

If you do post content or submit material, and unless we indicate otherwise, you grant, (or warrant that the owner of such rights has expressly granted), JJR Research, LLC and/or relevant affiliated companies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media or medium now known or later developed.. You grant JJR Research, LLC and its sub-licensees, if any the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify JJR Research, LLC for all claims resulting from any content you supply. Additionally, unless we have made other arrangements with you via a written, signed and dated agreement, we have no obligation whatsoever to review or use anything you submit to us, or to compensate you for the use of such content.

Challenges, Contests, Promotions and More

As a participant in any www.jackkunkel.com challenge, contest or promotion you are agreeing to the following:

All participants must enroll in the Challenge by the stated time.
You may only participate in one challenge at a time.
In order to be eligible for challenge prizes, you must follow the Terms of Service.
Failure to comply will result in ineligibility of participant.
The individual with the most “Wellness Points” might not necessarily be the winner of the challenge.
All winners will be determined by Jack Kunkel’s Revolutionary Wellness at our discretion.
Notification of winners will be at Jack Kunkel’s Revolutionary Wellness’ discretion.
You must allow at least three months following the end of each challenge for winners to receive their prizes
You give us permission to use your name, content and information in connection with commercial, sponsored or related content served or enhanced by us.

10. Disclaimers

The information, Services, topics, and materials covered on our website are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to the implied effectiveness of the ideas or strategies listed on this site as well as those that are provided through our Services or to our participants at our events. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system including but not limited to any cellphone or other mobile device. In addition, we will not be responsible for any fees you may incur from your carrier for the use of the phone to access our website.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speaker, product or service offered on the website or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors, subsidiaries, affiliates, or suppliers be liable for any direct, indirect, incidental, consequential, special or exemplary damages that result from, or is alleged to have resulted from the use of, or the inability to use, the materials or information on the site, or any products or services provided pursuant to the site, even if advised of the possibility of such damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing and/or using the website.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our website or at one of our events.

We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to any guest speaker in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

No Substitute for Medical Advice

The information contained in or made available through the website at www.jackkunkel.com, (including but not limited to information contained on public spaces, or posted by users)) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.

Although everything in the challenge is voluntary, be sure to consult with your physician prior to making any changes to your nutrition and exercise routine. The information on www.jackkunkel.com should not be considered as a substitute for medical advice, diagnosis, or treatment. This challenge is based solely on Jack Kunkel and his staff’s education and personal experiences, and is provided solely for informational and educational purposes. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this website. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. As we are not there to personally guide and push you to the type of results you hoped for, and do not know your specific circumstances, you and you alone are responsible for the results you achieve using this site and the information contained in it. By using our website, you agree not to attempt to hold us liable for your decisions, actions or results.

No Specific Results

Our programs are intended to help you become the best you, you can become. To achieve a greater a level of fitness and well-being than you’ve ever have before. Achieving those goals will take a lot of time, work and discipline. Please don’t enroll in our programs if you believe, or are looking for a “lose weight fast, drop a gazillion pounds overnight” type of program. As stipulated by law, we cannot and do not make any guarantees about your ability to get results with our ideas, information, tools or strategies. We don’t know you and as we stated above, we’re not there to guide you, accordingly, your results, like life are up to you. Our goal is to help by providing you with great content, direction, and strategies.

You should also know that all our products and services are solely for educational and informational purposes. Nothing on this page, our website, or any of our content or curriculum is a promise or guarantee of specific results or weight/fat loss, and we do not offer any legal, medical, tax or other professional advice. Any weight loss, muscle development, fat loss, or other results referenced here, or elsewhere on our site, are illustrative of concepts only and should not be considered typical, average or exact results, or promises for actual or future performance. Use caution and always consult your medical physician before acting on this or any information related to a lifestyle or change in diet or exercise.

Confidentiality and Non-Compete

By becoming a user of our website, you confirm that you understand that the tools, processes, strategies, materials and information presented on our website are copyrighted and proprietary, and therefore expressly agree not to record, duplicate, distribute, teach or train from the information contained on our website, in any manner whatsoever other than with our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, and intellectual property by you or your designees is prohibited. We will pursue all available legal remedies and damages in the event these terms are violated.

11. Disputes

Third-Party Disputes

JJR Research LLC, and its subsidiaries shall not be responsible for the actions, content, information, or data of third parties, and you release JJR Research LLC. d/b/a Jack Kunkel’s Revolutionary Wellness and dba Jack Kunkel Revolutionary Nutrition, their agents, employees, or owners from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Mediation and Arbitration

Any dispute or claim relating in any way to your use of any JJR Research, LLC, or its related company brands, or Services sold or distributed by us through, our website at www.jackkunkel.com, will be resolved by mediation or binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act, international arbitration law, and the laws of the state of New York apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Term of Service as a court would.

The mediation and arbitration proceeding will be conducted by the Peacemaker Organization, under the rules of the New York State Unified Court System. JJR Research, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where our offices are located.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using our website, you agree that the Federal Arbitration Act, the New York State Unified Court System on mediation and arbitration, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and JJR Research, LLC.

Site Policies, Modification, and Severability

These policies govern your use of the www.jackkunkel.com website. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

JJR Research, LLC
d/b/a Jack Kunkel’s Revolutionary Wellness and Jack Kunkel Revolutionary Nutrition,
8387 Seneca Turnpike New Hartford, NY 13413

Call (315) 982-0191

www.jackkunkel.com

Service of Process

If you have a subpoena or other legal process to serve on us, such as for the purposes of commencing an Arbitration Proceeding, you must send it to us by certified mail at the address given above. Please note that JJR Research, LLC does not accept service via e-mail or fax and will not respond to a subpoena, or other documents unless served properly. All subpoenas and other legal documents must be properly served on us, preferably by mail, or in person at our business offices.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information.

12. Acknowledgment and Acceptance of Terms of Service

By using this site, you signify your Assent and Agreement to these Terms of Service. If you do not agree to these rules and other Terms of Service, discontinue using the site immediately.

BY REGISTERING ON THIS WEBSITE, BECOMING A MEMBER, PARTICIPATING IN A CHALLENGE, MAKING A PURCHASE, AND/OR ANY OTHER USE OF THIS SITE YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICES AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

We may supplement these Terms of Service with additional terms pertaining to specific content, events, or when you use, purchase or access other services, affiliate services or third-party content or material. (“Additional Terms”), such Additional Terms may be placed on the website to be viewed in connection with the specific content, events or Services and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. These Terms of Service, together with our Privacy Policy, make up the entire general agreement between the parties regarding JJR Research, LLC, and supersedes any prior agreements. YOUR CONTINUED USE OF THE WEBSITE WILL SIGNIFY YOUR ACCEPTANCE OF THIS TERMS OF SERVICE AGREEMENT AND ANY CHANGE IN THE Terms of Service SET FORTH HEREIN.

PRIVACY POLICY

This privacy notice discloses the privacy practices for www.jackkunkel.com This privacy notice applies solely to information collected by this web site. This policy explains our online information practices, the choices you may make about how we collect and use your information at the Site, and the ways you may contact us. We control this site from our offices in the United States. If you are accessing our site from other places, then it is your responsibility to comply with the local laws in your area if any laws exist that must be complied with in order to use our site.

We may also change this Privacy section from time to time. Changes to this Privacy section are effective upon posting. Please check back periodically for updates. If at any point we decide to use Personal Information that is very different from how we were using it when you gave it to us, we will post the planned changes on our site. Users will have a choice about whether or not we use their information in this new manner. The amount, type and use of information we collect, depends on how you use the Site.

Definitions

“Personal Information” includes, your name, address information, personal e-mail address and URL, telephone number, account user name and password, credit/debit card numbers and associated billing addresses and expiration dates, bank account numbers for purchases, and other related information. “Prospect Information” includes the same information as Personal Information except that Prospect Information is information that is submitted by an individual who is not the subject of the data submitted.

“Non-Identifying Personal Information” includes information about you, including, without limitation, your Internet service provider (ISP), browser type, domain name, the Website that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points.

“Aggregated Information” is any information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.

“Business Contact Information” includes the name, title, business address, or telephone number of an employee in an organization. It also includes departmental e-mail addresses that contain no individually identifiable information. Business Contact Information is not Personal Information.

Use of Cookies

It is important to understand, that this site may use cookies to monitor browsing preferences. You may choose whether or not you will allow cookies to be used on your computer by adjusting the settings in your browser. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

We also use Google’s Universal Analytics to track information about users, including age and gender demographics, time visited, IP address and for Google’s team to help improve our website. Any information collected will not be distributed to the public. We will not sell your information or use your information to spam you. The information collected is simply for giving us an understanding of our audience and to track the traffic and development of the site.

While we reserve the right to use any content posted on our site as per our Terms of Service Agreement, any e-mails and addresses sent to us will be kept private. If we do quote any content from an e-mail, the anonymity of the sender will be preserved unless given permission to use the sender’s name.

Outside Sites Have Different Privacy Policies

Our website may contain links to other websites, such as links to buy books or supplements, advertisers or other products or services that our users might find useful. These websites may request information from you. You should be clear that how they collect and use your personal information may be very different from how we use it. We do not control the content, links or policies of these websites. So we strongly encourage you to read their privacy policy or other legal pages before you give them your information.

Affiliate Earnings Disclosures

Some links on our website may be affiliate links. This means that if you click the link and make a purchase we will receive a commission. This commission does not affect the price you pay for any item. This is one of the ways we may earn income from this site, however, we will never promote products or services that we don’t genuinely believe will benefit our clients and other website users.

How and Why We Collect Information

We collect your information primarily in order to improve our website and to provide you with more of the types of content and information you find most useful. If you join our mailing list we also use your information to keep you informed about new content posted on our site or, to let you know about products or services that you might find useful.

Only the website Publisher (or agents working on behalf of the website Publisher and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily opt-out of the website marketing list or update your information by clicking the “manage your subscription” link at the bottom of any email or notifying us www.jackkunkel.com/contact

We also use your Personal Information or Prospect Information, for purposes that include order fulfillment and administration, product surveys, administrative and analytical purposes like accounting, billing and audits, and information system management, or other similar uses. We also use Personal Information or Prospect Information to provide current and potential customers and suppliers with information about our services.

We only collect, use, and disclose Personal Information or Prospect Information for purposes that are reasonable in the circumstances. And we will not sell or rent your information to anyone. However, we reserve the right to use or disclose Aggregated Information and Business Contact Information in ways that we think are appropriate.

If you prefer not to give us your Personal Information, you can still engage in some activities on the website without doing so, and only non-identifying personal information will be collected. We will only collect your personal information if you give it to us. But, please, do not give it to us if you don’t consent to how we will use it. If you do give us your information and later change your mind, you can opt of any future contact from us at any time. To opt out simply clicking the unsubscribe or manage your link at the bottom of any email we send you, or by canceling any Membership you may have purchased through your member portal, or by contacting us via the email address or phone number given on our website. You may also use these methods to update or change your information. Once you opt out, you will not be able to use any service, or portion of our site that requires the use of your Personal Information.

You should also be aware that there are limited situations in which applicable laws require or allow us to collect, use, or disclose Personal Information without your consent or after you withdraw your consent. We describe these situations below under Exceptions to Our Privacy Policy.

Exceptions to Our Privacy Policy

While we are committed to keeping your information secure and private, there are exceptions to our privacy policy. 1. If a court or other valid legal authority orders us to give them information about you, we will. But we will only give them the minimum amount needed to comply with the order. 2. If you try to hack our website, threaten us, our property or others we will release your information to the appropriate authorities to protect our interests or prevent serious harm to others. 3. If we sell our site we will release your information to the new owner, however, they will be subject to the same privacy policy that is in affect at the time of the sale, and 4. We may, where necessary, share your information with suppliers and/or agents of our website. These agents may include mailing and delivery companies, marketing service providers, database managers, customer service representatives, and other agents who perform functions for, or on our behalf. These agents may perform functions such as analyzing data, supplying marketing assistance, providing search results and links (including paid listings and links), fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, processing credit card payments, and providing customer service. Where we disclose Personal Information or Prospect Information to organizations that perform services on our behalf, we will require those organizations to use such information solely for the purposes of providing services to us and to protect the Personal Information or Prospect Information with appropriate safeguards.

Retention, Access and Security

We take reasonable steps to keep your Personal Information or Prospect Information accurate, complete, current, secure and relevant to its intended use. We only keep your information for as long as we need it for the reasons it was collected. When we no longer need the information for its intended purposes, we have procedures to destroy, delete, or erase it or to convert it to an anonymous form. We do not collect or keep credit/debit card and/or related information on file online or offline.

Purchases made on other websites are handled by the site you purchase from. Purchases made directly from us we take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

At your request, we will provide you with reasonable access to your Personal Information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by sending us a written request using the contact information on our website. After you request access, we will provide the Personal Information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your Personal Information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be disclosed, we will tell you the reasons for non-disclosure.

Use by Children

The Site does not sell or promote products for purchase by children. We do not knowingly collect, maintain, or use Personal Information or Prospect Information from children under age 13. If you are under age 13, do not share personal information with us. If you are at least 13, you may participate in some activities on our website with the written consent of your parent or legal guardian. We may also limit access to certain content or activities to users above a specific age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Waiver Agreement

THIS ACTIVITY WAIVER & RELEASE IS MADE BY AND BETWEEN, The Participant in a scheduled “Wellness Challenge” and JJR Research, LLC, d/b/a Jack Kunkel’s Revolutionary Wellness and/or Jack Kunkel’s Revolutionary Nutrition, the promoter and operator of said challenge.

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

Consideration

Being of lawful age, or accompanied by a legal guardian of such age, and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.
Details of Activity
The Participant will participate in the following activity: Health and Wellness Challenge. Said challenge will run for a pre-ordained period between 3 and 50 days. During the challenge days, the promoter shall provide access to the event for each Participant. Each Participant shall complete each section of the challenge at his or her own pace and to the best of his or her abilities.
Concurrent Release
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of New York.