When accessing the http://www.terripenaMD.com website, will learn certain information about you during your visit.
Similar to other commercial websites, our website utilizes a standard technology called "cookies" (see explanation below) and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site"s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser"s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless strictly compelled to do so by law.
We will use your e-mail address solely to provide timely information about .
We will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Use of External Links
http://www.terripenaMD.com may contain links to many other websites. cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by do not constitute an endorsement by or any of its employees of the sponsors of these sites or the products or information presented therein.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from .
You must not:
- Republish material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
- Redistribute any content from our website, including onto another website.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else"s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Use of Testimonials
In accordance to with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
is not responsible for any of the opinions or comments posted on http://www.terripenaMD.com. is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of . doe not share the opinions, views or commentary of any testimonials on http://tpena1.wpengine.com - the opinions are strictly the views of the testimonial source.
The testimonials are never intended to make claims that our products and/or services can be used to diagnose, treat, cure, mitigate or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.
may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Disclaimer and Limitation of Liability
makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.
All the materials on this site are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose. In no event shall or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if has been advised of the possibility of such loss or damages.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any questions regarding this policy, or your dealings with our website, please contact us here:
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Ruckus
Wellness, also known as , located at 4707 Highway 61 Number 193, White Bear Lake , Minnesota
55110 and our subsidiaries and affiliates, in association with the use of the website, which
includes www.terripenaMD.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website blog which has the following description:
Wellness information and consultative services with a Functional Medicine physician
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided
for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of Ruckus Wellness. At its
discretion, Ruckus Wellness may offer additional website Services and/or products, or update,
modify or revise any current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or revised Services unless
otherwise stipulated. Ruckus Wellness does hereby reserve the right to cancel and cease offering
any of the aforementioned Services and/or products. You, as the end user acknowledge, accept
and agree that Ruckus Wellness shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications shall constitute
your acceptance of such updates, changes and/or modifications, and as such, frequent review of this
Agreement and any and all applicable terms and policies should be made by you to ensure you are
aware of all terms and policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be
provided “AS IS” and as such Ruckus Wellness shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or
Every member’s registration data and various other personal information are strictly protected by
herein consent to the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage, processing or use by
Ruckus Wellness and/or our subsidiaries and affiliates.
Upon registration, you hereby acknowledge that by using www.terripenaMD.com to send
electronic communications, which would include, but are not limited to, email, searches, instant
messages, uploading of files, photos and/or videos, you will be causing communications to be
sent through our computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in interstate
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Ruckus Wellness shall not lay claim to ownership of any content submitted by any visito ror user,
nor make such content available for inclusion on our website Services. Therefore, you hereby
grant and allow for Ruckus Wellness the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Ruckus Wellness’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so
long as you are a member of Ruckus Wellness’s sites, and shall terminate at such time
when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Ruckus Wellness’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Ruckus Wellness’s sites and shall terminate
at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Ruckus Wellness’s sites, the continuous, binding and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in whole or in part,
and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Ruckus Wellness’s sites are
those such areas of our network properties which are meant to be available to the general public,
and which would include message boards and groups that are openly available to users.
However, those areas which are not open to the public, and thus available to members only,
would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Ruckus Wellness provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
All users herein agree to insure and hold Ruckus Wellness, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to ‘s sites.
Ruckus Wellness shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Ruckus Wellness shall not be held responsible or
liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
Either Ruckus Wellness or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that Ruckus Wellness shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result of,
caused or allegedly to be caused by or in connection with the use of or the reliance on any such
content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Ruckus Wellness’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Ruckus
Wellness or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are
based on Ruckus Wellness Services (e.g. Content or Software), in whole or part.
Ruckus Wellness herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of the Software,
including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Ruckus Wellness for use in accessing our
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF RUCKUS WELLNESS SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS
IS” AND/OR “AS AVAILABLE” BASIS. RUCKUS WELLNESS AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) RUCKUS WELLNESS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) RUCKUS
WELLNESS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
RUCKUS WELLNESS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE RUCKUS WELLNESS SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF RUCKUS WELLNESS SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM RUCKUS WELLNESS OR BY WAY OF OR FROM
OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RUCKUS WELLNESS
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Ruckus Wellness (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Ruckus Wellness’s content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing
purposes. Ruckus Wellness and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
Ruckus Wellness may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings
on our website Services, or other reasonable means currently known or any which may be herein
after developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Ruckus Wellness trademarks,
copyright, trade name, service marks, and other Ruckus Wellness logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property
of Ruckus Wellness. You herein agree not to display and/or use in any manner the Ruckus
Wellness logo or marks without obtaining Ruckus Wellness’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Ruckus Wellness will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, Ruckus
Wellness may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The Ruckus Wellness Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Attn: Copyright Agent
4707 Highway 61 Number 193
White Bear Lake , Minnesota 55110
BE IT KNOWN, that Ruckus Wellness complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at www.terripenaMD.com.
This TOS constitutes the entire agreement between you and Ruckus Wellness and shall govern
the use of our Services, superseding any prior version of this TOS between you and us with
respect to Ruckus Wellness Services. You may also be subject to additional terms and conditions
that may apply when you use or purchase certain other Ruckus Wellness Services, affiliate
Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Ruckus Wellness with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Minnesota without
regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Ruckus
Wellness, shall be filed within the courts having jurisdiction within the County of Washington,
Minnesota or the U.S. District Court located in said state. You and Ruckus Wellness agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such courts and to venue in such
WAIVER AND SEVERABILITY OF TERMS
At any time, should Ruckus Wellness fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Ruckus Wellness as follows:
4707 Highway 61 Number 193
White Bear Lake , Minnesota 55110