// by Jenn W
“Every day is another chance to get stronger, to eat better, to live healthier, and to be the best version of you.”
UPDATED: June 26, 2017
By using this website (the “Site”) or any services provided through this Site, you (“you,” “your,” or “User”) agree to the terms and conditions that Moneyball Marketing LLC (“MBM,” “us,” “our,” or “we”) have provided. This Agreement between us and User supersedes all previous written and oral agreements, representations, and warranties. If you do not wish to agree to these terms of service (the “TOS” or “Agreement”), please refrain from using the Site.
RA Pain Management (“RAPM”) is a website (https://rapainmanagement.com/) owned by MBM to provide an informational resource about natural treatments and products to aid in the management of rheumatoid arthritis (“RA”) pain and a forum where people can share their experiences with RA pain management.
This Site is not a substitute for medical advice. Please consult your doctor before starting or changing your RA pain management regimen. Any experience provided on this Site is simply the experience and opinion of the person providing it. It is not a guarantee of any results for you.
2. User Conduct
All Users are allowed to post comments on our blog; however you are required to abide the following rules of conduct.
We have no obligation to monitor the Site, but we can, and we may remove anything that a User posts for any or no reason. All comments are currently moderated.
3. User Interaction with Site
If You use this Site to subscribe to Our free resources, to interact with us or other users, or to use our general contact form, you must provide accurate information about yourself when such information is required. You may not use this Site to sign up other people or entities for products or services without their consent.
4. License to Use User Provided Content
You may only publish content that You have created or have permission to use and publish on this Site. You will retain the copyright in Your original work that You publish on this Site. By posting Your work on this Site, You grant MBM a perpetual, non-exclusive, royalty-free license to use Your work in any way for any reason, including advertising and marketing purposes. This license includes the ability to modify Your work and sublicense it to others for any reason. If we use any of Your content, we may do so without notification or compensation to You.
5. Links, Sponsorship, and Guest Posts
We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provides a link. User assumes all risk by following a link. MBM provides no guarantee that any website We link to will be accurate or available.
We reserve the right to post sponsored ads and posts on this Site. Providing the opportunities to others to advertise or promote a product or service is not an endorsement by MBM. We cannot guarantee the veracity of any statements made by sponsors or guest writers.
We may write product reviews and/or provide links from this Site to those products and earn an affiliate commission for any purchases you make. We may also receive free products or otherwise be compensated for writing a review. We promise that when we do this, we will always write a fair and accurate review of the product. The fact that we are compensated in any way to do this will not cloud our judgment.
When we are compensated for writing a review, we will label the post as such.
We provide these disclosures for two reasons.
#1 – The Federal Trade Commission requires it.
#2 – It’s good business practice.
We will provide reviews of products based on our experience, but ultimately you should make your own assessment as to whether a particular product is right for you.
7. Copyrights and Trademarks
MBM retains its copyright rights in all its content published on this Site. Users may request permission to use or repurpose our content by contacting us at email@example.com.
Moneyball Marketing LLC is a trademark for MBM and may not be used without our explicit written permission.
Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
8. Digital Millennium Copyright Act (DMCA) Policy
MBM has a registered DMCA agent with the United States Copyright Office and complies with the DMCA (17 U.S.C. § 512).
If you believe that your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, you must contact our DMCA Agent at the following address:
Moneyball Marketing LLC
Attn: DMCA/Copyright Agent
2303 North 44th Street, Suite 14-1266
Phoenix, AZ 85008
We comply with all properly submitted DMCA takedown and counter takedown notices.
User agrees to defend, indemnify, and hold harmless MBM, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site.
To the extent permitted under applicable laws, User hereby releases MBM from any and all claims or liability related to any product or service provided through this Site and any conduct or speech, whether online or offline, of any other User.
10. Dispute Resolution
By using this Site, User agrees that any claim, dispute, or controversy User may have against us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site.
In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys fees will be paid by the other party in addition to any damages assessed against them.
11. Modified Terms of Service
We reserve the right at any time to discontinue or modify any of Our TOS as We deem necessary or desirable. We may notify Users of changes by posting notice of the change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to these TOS will be effective upon the changes being made to this document.
We suggest, therefore, that You re-read Our TOS periodically in order to stay informed as to any such changes. The date at the top of Our TOS will inform You of the date of the most recent change. Any use of the Site by User after the changes shall be deemed to constitute acceptance by User of such modifications.
12. Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER MONEYBALL MARKETING LLC, OUR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONEYBALL MARKETING LLC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability
IN NO EVENT SHALL MONEYBALL MARKETING LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
14. Contact Information
Questions and complaints may be sent to Moneyball Marketing LLC at 2303 North 44th Street, Suite 14-1266, Phoenix, AZ 85008 or via email at firstname.lastname@example.org.
We have the upmost respect for Your privacy. We will use the information collected from You to provide and improve Our services, which may require us to share some information with third parties. In the event that We sell the business or this Site, that sale will include all User information we’ve obtained via this Site. We will never spam You or sell Your information to a third party for other purposes.
When You provide Your contact information to us via this Site, You are opting in to receive email offers for any of MBM’s services and recommendations. In accordance with the CAN-SPAM Act, You may opt-out from receiving these communications at any time.
We reserve the option to collect data from Users on other parts of the Site than listed above and to make other service options available through the Site where Users must provide their personal information to participate.
When You visit the Site, Our servers automatically recognize Your domain names and IP addresses, but this does not give Us any additional personal information about You. The Site may also collect anonymous aggregate “traffic data” (contains no personally identifiable information about individual Users) that may help Us improve and market Our services.
We may share Your information with a third party if We have a good-faith belief that sharing the information is necessary to comply with a law, regulation, or enforceable government request; to investigate potential violations or technical issues on this Site; or to protect against harm to Our Users, or our affiliates’ rights, property, safety, or to the public as permitted by law.
When You provide a review or testimonial (“Review”), it must contain Your true and accurate opinion of the product or service. You must disclose in Your Review when You are compensated for providing an opinion and when You have a relationship with the company.
When You submit a Review through this Site or to Us via email, You retain the copyright in Your Review and You grant Us a non-exclusive, perpetual, royalty-free, worldwide license to use Your review for any purpose. Your license to Us includes permission to edit Your Review so long as it does not change the overall message.
We read all Reviews prior using them on this Site. We do not permit reviews on this Site that are obscene, defamatory, harassing, false, misleading, or unrelated to the products, services, and/or topics discussed on this Site. We may follow up with You to ensure Your Review complies with this policy. Submitting a Review through the Site or via email to Us does not guarantee that We will use it.
This Agreement shall constitute the entire agreement of the parties with respect to the subject matter in this TOS. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
MBM may terminate this Agreement with any User at any time for violations of the Site’s TOS. Without limiting the foregoing, We shall have the right to immediately terminate or suspend any User subscriptions in the event of any conduct by User or which MBM in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.