Welcome to The Strength Cave LLC
These terms and conditions outline the rules and regulations for the use of The Strength Cave LLC’s Website.
The Strength Cave LLC is located in Phoenix, Arizona in the United States of America
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use The Strength Cave LLC’s website
if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “Visitor”, “Reader”, “You”, and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Strength Cave”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of . Any use of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By using The Strength Cave LLC’s website you consent to the use of cookies
in accordance with The Strength Cave LLC’s privacy policy.
Most of the modern day interactive web sites
use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, The Strength Cave LLC and/or it’s licensors own the intellectual property rights for
all material on The Strength Cave LLC. All intellectual property rights are reserved. You may view and/or print
pages from https://www.thestrengthcave.com for your own personal use subject to restrictions set in these terms and conditions.
You may not:
- Republish material from https://www.thestrengthcave.com
- Sell, rent or sub-license material from https://www.thestrengthcave.com
- Reproduce, duplicate or copy material from https://www.thestrengthcave.com
Redistribute content from The Strength Cave LLC (unless content is specifically made for redistribution).
User Comments
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information,
material and data (‘Comments’) in areas of the website. The Strength Cave LLC does not screen, edit, publish
or review Comments prior to their appearance on the website and Comments do not reflect the views or
opinions of The Strength Cave LLC, its agents or affiliates. Comments reflect the view and opinion of the
person who posts such view or opinion. To the extent permitted by applicable laws The Strength Cave LLC shall
not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused
and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this
website. - The Strength Cave LLC reserves the right to monitor all Comments and to remove any Comments which it considers
in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. - You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to
do so; - The Comments do not infringe any intellectual property right, including without limitation copyright,
patent or trademark, or other proprietary right of any third party; - The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material
or material which is an invasion of privacy - The Comments will not be used to solicit or promote business or custom or present commercial activities
or unlawful activity.
- You are entitled to post the Comments on our website and have all necessary licenses and consents to
- You hereby grant to The Strength Cave LLC a non-exclusive royalty-free license to use, reproduce,
edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats
or media.
Hyperlinking to Our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and - System-
- wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long
as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and (c) fits within the context of the linking
party’s site. - We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union; - dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of ; and (d) where the
link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to andres@thestrengthcave.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.
No use of The Strength Cave LLC’s logo or other artwork will be allowed for linking absent a trademark license
agreement.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we aim to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
Refunds
No refunds will be provided for physical or digital product/good nor will they be provided for any service provided by The Strength Cave LLC. All sales are final upon submission of payment. Any modifications of orders or any purchase may be subject to additional fees.
Medical Waiver
All users, readers, customers, and visitors understand that The Strength Cave LLC is not a medical professional and is not licensed to provide medical advice to any individual. The Strength Cave LLC provides only theoretical information that is not intended to treat, improve, or cure any physical ailments, diseases, or health issues. Additionally, all users, readers, customers, and visitors agree to the following:
In consideration of the services of The Strength Cave LLC, its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “The Strength Cave”) You hereby agree to release and discharge The Strength Cave, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. By accepting these terms, you will not hold The Strength Cave responsible for any injury, illness, allergic reaction, or any adverse reaction that may stem from information and/or training programs accessed from The Strength Cave or at any time in the future.
2. You acknowledge that The Strength Cave and specifically Andres Vargas is NOT a physician, registered dietitian, licensed dietitian, licensed nutritionist and is NOT providing medical advice or prescribing treatment. You understand that you am simply receiving theoretical advice and education to enhance my knowledge of health as it relates to foods, dietary supplements, behaviors associated with eating, and/or exercise. Your participation is voluntary, and you accept responsibility for any harm, injury, illness or death that may result from my participation.
3. You understand that it is my responsibility to consult with my physician before starting a nutrition and/or fitness program provided by The Strength Cave. You hereby affirm that you are in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in a program provided by The Strength Cave. You understand that you should discuss any dietary changes or potential dietary supplements use with my physician.
4. You acknowledge that the advice and knowledge that you receive as part of any nutrition and/ or fitness program is separate from the care that you receive from any medical facilities/agents. You understand that you should continue regular medical supervision and care by your primary care physician.
5. You understand that as part of a fitness coaching program, you will be participating in a program of strenuous physical activity including but not limited to walking, hiking, running, swimming, biking, resistance training, weight training, cardiovascular exercise and the use of conditioning and exercise equipment. You also acknowledge that you will take part in this physical activity under your own volition.
6. You expressly assume the risks involved with a nutrition and/or fitness program, including the risks of trying new foods, trying new exercises, and the risks inherent in making lifestyle changes.
7. You fully understand that you may suffer injury and even death as a result of your participation in the fitness and/or nutrition program and you hereby release The Strength Cave from any and all liability now and in the future, including but not limited to medical expenses, lost wages, pain and suffering that may occur by reason of heart attacks, muscle strains, muscle pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury, however caused, whether occurring during or after my participation in the program regardless of fault.
8. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless The Strength Cave from any and all liability, claims, damages, demands, or causes of action, which are in any way connected with my past, present, or future participation in a nutrition program or training program, including such claims which you, your children, parents, heirs, assigns, personal representative and estate have or may have that allege ordinary negligent acts or omissions of The Strength Cave.
9. Any advice regarding dietary supplements, nutrition, or exercise provided by The Strength Cave is strictly done so in theory only, and this advice may not have been approved by the FDA. Any companies or products mentioned by The Strength Cave are not affiliated with The Strength Cave and The Strength Cave is not liable for any negative repercussions associated with consumption of any aforementioned product or service. By agreeing to these terms you are accepting that you will not hold The Strength Cave accountable for any issues, health related or non‐health related that may result from consuming a product theoretically suggested/recommended by The Strength Cave. You understand that you are responsible for understanding my own body and the health risks involved in consuming a dietary supplement.
10. You agree to deliver payment in full at the time of service and agree that you are responsible for delivering payment on a recurring basis for any services provided by The Strength Cave or Andres Vargas unless a notice of intention to terminate service is provided to The Strength Cave or Andres Vargas within 5 days before the next payment due date except in the case of installment plans. You also acknowledge and consent that there are no refunds for payments made to The Strength Cave.
11. You agree that the foregoing Terms and Conditions are intended to be as broad and inclusive as is permitted by the law of the state of Arizona and the United States of America and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, you agree that if legal action is brought, it must be brought in Maricopa County, Arizona.
12. You have read these terms and conditions in full and fully understand all terms and conditions. You understand that you are giving up your right to sue. You acknowledge that you are agreeing to these terms and conditions freely and voluntarily, and intend your agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Trademark and Copyright
The Strength Cave retain all legal rights to any advice, theoretical knowledge, and intellectual work that is provided. Any reproduction or other use of any work provided by Andres Vargas and/or The Strength Cave without the express written consent of the Andres Vargas and/or The Strength Cave is strictly prohibited.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Strength Cave or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of The Strength Cave, with copyright authorship for this collection by The Strength Cave, and protected by international copyright laws.
The Strength Cave trademarks and trade dress may not be used in connection with any product or service that is not The Strength Cave, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Strength Cave. All other trademarks not owned by The Strength Cave or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Strength Cave or its subsidiaries.
Downloadable/Downloaded/Accessible/Free Content
You also understand and agree that any information contained in the content provided to you is theoretical in nature and is not intended as medical or professional advice. Any application by the reader/buyer of the information contained in the content provided is done voluntarily by the reader/buyer and the reader/buyer assumes all risk and liability for any consequences that may arise from this action.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. The Strength Cave and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Strength Cave, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless The Strength Cave and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact Information
Questions about the Terms and Conditions should be sent to us at andres@thestrengthcave.com