Terms of Service & Sales

Terms of Sale

These Terms of Sale ("Terms") govern your purchase of products and services offered through our online stores, including, without limitation, merchandise, hosted content (“Hosted Content”), digital content (“Digital Content”), and any other products or services offered through the Site” (collectively, "Products"). By placing an order for any Product, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any product-specific terms, rules, or usage requirements displayed on the applicable Product page or incorporated by reference through links on that page (collectively, the "Rules"). These Terms apply solely to purchases made through the Site and do not govern purchases made through any other sales channels unless expressly stated otherwise.

RETURNS & CANCELLATION POLICY

ALL SALES ARE FINAL. Due to the nature of digital products, all purchases of digital content are non-refundable and non-returnable. Once a purchase has been completed, no returns, exchanges, cancellations, or refunds will be provided.

MINORS’ ACCESS RESTRICTION

You must be at least eighteen (18) years old to access or use the Site. Individuals under the age of eighteen (18) are prohibited from accessing the Site, creating an account, or making any purchases through the Site. We reserve the right, at our sole discretion, to terminate or suspend any account, cancel any order, and refuse, restrict, or discontinue access to the Site or any portion, feature, or service offered through the Site, with or without notice and without liability, for any reason or no reason. By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age and acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to any provision of these Terms, you are prohibited from accessing or using the Site.

DISCLAIMER OF WARRANTIES

The Services, information, materials, content, programs, resources, software, files, and other materials provided by or through RiseOfGiants.com (collectively, the “Service”) are provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, RiseOfGiants.com expressly disclaims and excludes all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, quality, availability, and suitability, as well as any warranties arising from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, RiseOfGiants.com does not warrant, represent, or guarantee that: the Service, or any information, content, materials, data, files, software, programs, or resources made available through the Service, will be accurate, complete, reliable, current, secure, or free from errors, defects, omissions, viruses, malware, harmful code, or other technical issues;

A.      the Service will meet your requirements, expectations, objectives, goals, or intended results.

B.      the Service will be available on a continuous, uninterrupted, timely, secure, or error-free basis; or

C.      any errors, defects, failures, interruptions, inaccuracies, or other deficiencies in the Service will be identified or corrected.

The Service is provided solely for educational and skill-development purposes and is not a substitute for professional guidance, medical advice, diagnosis, treatment, therapy, or consultation with qualified professionals. By accessing or using the Service, you acknowledge that you have read, understood, and voluntarily agree to be bound by this Disclaimer of Warranties, as well as any applicable Waiver, Release, Assumption of Risk, Disclaimer of Liability, and Indemnification provisions.

Educational and Informational Purposes Only

The information, materials, content, programs, services, and resources provided through the Service are intended solely for educational and informational purposes and are not intended to constitute, and shall not be interpreted as, professional advice of any kind. The Service does not provide medical, psychological, nutritional, fitness, legal, financial, accounting, or other professional advice. Any reliance upon or use of the Service is undertaken solely at your own discretion, judgment, and risk. You acknowledge and agree that you should consult with an appropriately qualified professional, including a licensed healthcare provider where applicable, before beginning any exercise program, physical activity, wellness program, training program, dietary program, or other activity that may affect your health, safety, or physical condition.

ASSUMPTION OF RISK

You acknowledge and agree that participation in physical activities, exercises, programs, training, wellness activities, and related services, as well as the use of any information, instructions, recommendations, materials, or resources provided through the Service, involves inherent and unavoidable risks. These risks may include, without limitation, bodily injury, illness, disability, physical harm, property damage, loss, adverse consequences, or death. You voluntarily assume all risks associated with your access to and use of the Service, including participation in any activities, exercises, programs, training, or implementation of any recommendations, instructions, or materials provided through the Service. Your participation and use of any information provided by us are entirely voluntary and undertaken solely at your own risk. You acknowledge and agree that all activities, exercises, instructions, recommendations, and materials provided through the Service must be performed responsibly, with appropriate caution, and in a safe environment. If you experience dizziness, fainting, pain, shortness of breath, discomfort, unusual symptoms, physical distress, or any other concerning condition, you agree to immediately discontinue participation and seek appropriate medical attention if necessary. You further agree not to access or use the Service, follow instructions, or perform any activities while driving, operating machinery, or engaging in any activity WERE distraction, impairment, or lack of attention could create a risk of injury, property damage, or harm to yourself or others.

WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY WAIVE, RELEASE, DISCHARGE, AND FOREVER RELINQUISH ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, EXPENSES, OR RIGHTS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, YOUR PARTICIPATION IN ANY PROGRAMS, ACTIVITIES, EXERCISES, OR TRAINING, YOUR RELIANCE UPON ANY INFORMATION, MATERIALS, RECOMMENDATIONS, INSTRUCTIONS, OR RESOURCES PROVIDED THROUGH OR ASSOCIATED WITH THE SERVICE, OR ANY RECORDINGS, CONTENT, OR MATERIALS PROVIDED THROUGH THE SERVICE. You further agree to release, defend, indemnify, and hold harmless Kamran Loghman, RiseofGiants.com, GOKAMI LLC, and their respective affiliates, owners, members, officers, directors, employees, contractors, agents, representatives, licensors, partners, service providers, and third-party representatives (collectively, the “Released Parties”) from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, expenses, obligations, or other liabilities, including reasonable attorneys’ fees and legal expenses, arising out of or relating to:

(a) your access to, use, misuse, or reliance upon the Service.

(b) your participation in any programs, activities, exercises, coaching, training, or other services provided through or associated with the Service.

(c) your reliance upon any information, materials, recommendations, instructions, guidance, or resources provided through or associated with the Service.

(d) any injury, illness, loss, damage, or adverse consequence resulting from your access to or use of the Service or participation in any programs, activities, exercises, or training.

(e) your breach of this Agreement or violation of any applicable law, regulation, or third-party right.

(f) any recordings, materials, or content provided through the Service; and/or

(g) any User Content submitted, posted, transmitted, or otherwise made available by you through the Service.

This waiver, release, and indemnification provision applies on behalf of yourself and your heirs, successors, assigns, legal representatives, personal representatives, and next of kin, and extends to all Released Parties and their affiliates, representatives, licensors, partners, and service providers. Your indemnification obligations under this provision shall survive any expiration, suspension, or termination of this Agreement. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION PROVISION.

Responsibility for Use of Materials and Technology

You acknowledge and agree that any materials, content, files, software, information, or other resources obtained through your use of the Service are accessed, downloaded, installed, or otherwise acquired solely at your own discretion and risk. You are solely responsible for any resulting damage to your computer, mobile device, systems, networks, or equipment, including any loss, corruption, unauthorized access, or compromise of data arising from such access, download, installation, or use. To the maximum extent permitted by applicable law, RiseOfGiants.com shall not be responsible or liable for any loss, damage, corruption, unauthorized access, or other harm resulting from your use of, or inability to use, the Service, including any data, files, or information stored on.

Intellectual Property Rights

You shall not sell, copy, reproduce, modify, rent, lease, loan, distribute, transfer, sublicense, assign, or otherwise make available the Service, any Products, or any portion thereof to any third party, nor shall you permit any third party to access or use the Service or Products, except as expressly authorized by us in writing. You acknowledge and agree that we own, or where applicable have obtained the necessary licenses to use, all right, title, and interest in and to the Site, the Service, the Products, and all features, functionality, materials, opportunities, and services made available on or through the Site. This includes, without limitation, all information, text, data, graphics, Product images, sound recordings, audio and visual materials, logos, software, designs, and all other content contained therein, as well as the compilation, selection, arrangement, and organization of such materials (collectively, the “Content”). You further acknowledge that the Content constitutes valuable proprietary information and intellectual property protected by applicable intellectual property laws, proprietary rights, and international treaties of the United States and other jurisdictions. Your access to or use of the Site, Service, Products, or Content does not grant you any ownership interest, license, or other rights in or to such Content, except for the limited rights expressly provided under these Terms. All intellectual property and proprietary rights in and to the Site, Service, Products, and Content, including without limitation patents, copyrights, trademarks, service marks, trade dress, trade secrets, and other intellectual property rights, are and shall remain exclusively owned by us, our licensors, or our applicable content providers. Except as expressly permitted in these Terms or with our prior written consent, you may not reproduce, modify, copy, frame, publish, display, distribute, transmit, download, sell, license, create derivative works from, or otherwise exploit any Content or any portion thereof. All brands, trademarks, service marks, trade names, logos, and other identifying marks displayed on the Site are owned by us or our licensors and may not be copied, imitated, reproduced, or used, in whole or in part, without our prior written authorization. Additionally, all page headers, custom graphics, button icons, scripts, and similar elements are proprietary marks, service marks, trademarks, trade dress of us, our affiliates, or our licensors and may not be copied, imitated, or used without prior written permission. Any third-party trademarks, product names, company names, logos, or other proprietary marks displayed on the Site remain the property of their respective owners. Nothing contained in these Terms grants you any right, title, or interest in or to any such third-party intellectual property.

Limitation of Liability

To the maximum extent permitted by law, we expressly disclaim and shall not be responsible or liable for any loss, damage, injury, illness, disability, death, property damage, or other harm, whether direct, indirect, incidental, consequential, special, or otherwise, arising from or related to:

a)      Your access to, use of, misuse of, or reliance upon the Service, programs, materials, content, or information provided.

b)      Your participation in any activity, exercise, training, or program.

c)      Any errors, omissions, inaccuracies, or reliance upon information provided through the Service.

d)      Any violation by you of this Agreement, applicable law, or the rights of any third party.

e)      Any recordings, materials, or content made available through the Service; and/or

f)       Any user-generated content submitted, posted, transmitted, or otherwise made available by you through the Service.

Privacy Policy

The purpose of this Privacy Policy is to inform users of our website (the “Site”) regarding our policies and procedures concerning the collection, use, disclosure, and protection of personal information obtained through your use of our Site and related services (collectively, the “Service”). Our primary objectives in collecting personal information including name, address, email are to provide, maintain, enhance, and improve our Service; process and administer orders and transactions; communicate with users; and facilitate a secure, efficient, and user-friendly experience. By accessing or using the Site, you acknowledge and understand the practices described in this Privacy Policy regarding the handling of your personal information.

Acceptable Use Policy

You acknowledge and agree that your access to and use of the Service is granted solely for your personal, non-commercial use and is subject to the terms and conditions of this Agreement. You shall not, directly or indirectly, sell, resell, copy, reproduce, duplicate, rent, lease, lend, distribute, transfer, assign, sublicense, or otherwise provide access to the Service, or any portion thereof, to any third party for any purpose, except as expressly authorized by us in writing. You shall not, and shall not permit any third party to, modify, adapt, translate, create derivative works of, decompile, reverse engineer, disassemble, attempt to derive or discover the source code, object code, underlying algorithms, or other proprietary components of the Service, or otherwise interfere with or misuse any software, technology, or materials that enable or comprise any part of the Service. You further agree not to remove, alter, obscure, or otherwise modify any copyright notices, trademarks, patents, proprietary legends, or other intellectual property notices contained in or associated with SERVICE. You shall not publish, distribute, display, exhibit, reproduce, or otherwise use the Service in any manner or for any purpose not expressly permitted under this Agreement.

Amendments to Agreement

We reserve the right, in our sole and absolute discretion, to modify, amend, revise, or otherwise alter this Agreement, in whole or in part, at any time, with or without prior notice. You acknowledge and agree that any such modifications, amendments, revisions, or alterations shall become effective immediately upon posting on the Service or upon such other effective date as may be specified by us. Your continued use of the Service following the implementation of any such changes constitutes your acceptance of the revised Agreement and your agreement to be bound thereby.

Termination

This Agreement shall remain in full force and effect unless and until terminated in accordance with the terms set forth herein. We reserve the right, in our sole and absolute discretion, to terminate this Agreement and/or suspend, restrict, or discontinue your access to and use of the Service, in whole or in part, at any time, with or without cause and without prior notice or liability to you.

Governing Law and Dispute Resolution

By accessing or using the website, content, services, or products provided by us, you expressly acknowledge and agree that, to the fullest extent permitted by applicable law, you waive any right to a trial by court or jury and waive any right to participate in any class action, collective action, representative action, or similar proceeding against us. You further agree that any claim, dispute, or cause of action arising out of or relating to your use of the website, content, services, products, or this Agreement shall be brought solely in your individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, representative, or consolidated proceeding. Any arbitration proceeding between you and us shall be conducted solely on an individual basis. Class arbitration, collective arbitration, and arbitration on a representative basis are expressly prohibited to the fullest extent permitted by law. This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the website, content, services, or products, shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of Maryland, United States of America, without regard to its conflict of law principles.