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RP TERMS OF USE

General

By using this site, www.russianpointe.com or www.flxstrong.com (collectively, the ‘website’) or registering for a RP Account, you consent to the terms and conditions contained herein and provided on the website, including without limitation terms and conditions relating to the receipt, storage, use and disclosure of personally identifiable information we obtain about you (“Privacy Policy”) and your consent to communicate with you by email, text or otherwise. If you communicate with us through this site or otherwise your communication (including without limitation the information contained in it) may not be treated as confidential. RP Group International, Inc., RP Group Europe, Inc., RP Group Europe B.V., and each of their respective subsidiaries and their affiliated entities and other related entities, if any, shall be referred to herein as “we”, “our”, “us” or “RP”).

Our site may contain links to third party sites that are not owned or controlled by us. Please be aware that we have no control over, and are not responsible for, the content, operation or privacy practices of such other sites. Also be aware when you link to another site that you leave our site and enter such other website. We encourage you to read the terms of use and privacy statements of each and every website you visit through the link we provide you.

Miscellaneous Information

1. Site Activity Data

Each time you come to this website, our web server may receive and log certain information. These logs may include, but are not restricted to, your machine’s TCP/IP address, your username (if applicable), date, time and files accessed and similar information. These logs may also contain information about certain information if you clicked on a link to an external webpage. These logs are used for performance, site administration and security reviews and for other purposes.

2. Personally Identifiable Information

Personal information, including but not limited to your name, personal postal and email address, personal telephone number and credit card number, is received by us when you voluntarily provide it. Such information is received from you in various ways, for example, but without limitation, when you send an email through the site or make some other specific contact, such as completing an online form or completing a registration form.

For example, when you visit this website to register with russianpointe.com or flxstrong.com and when you enter information in other areas of our website our webserver receives and logs certain information. Such information may include, but not be limited to, the following: your name, e-mail address, user ID, password, telephone number, physical address, birth date, gender, zip code, credit card number and RP membership number. These logs also contain information if you clicked on a link to an external webpage.

Various products and services may be offered by us on our website. When you make purchases through russianpointe.com or flxstrong.com, we obtain information such as what you are purchasing, your method of payment, and your billing and shipping information. This information is used in a number of ways and for a number of purposes, including without limitation as set forth below. For example, this information is used to complete the transaction and to facilitate future orders and may be retained by a third-party provider such as Paypal. This information may also be used for aggregate reporting (which summarizes the data in a report). We may also use that information to provide you with other services through our website.

We may receive additional personally identifiable information from you through communications with russianpointe.com or flxstrong.com. For example, if you e-mail through the website to ask about a product or service, we will use that information to respond to your inquiry, to have a history of our service to you or that you have shown an interest in and to make better our service by reporting your request in our customer service totals.

3. Other Information

In order to maintain and improve the website, we also obtain some statistical data when you visit the website. The exact information we obtain may vary, but can include, without limitation, the date and time of an access to our website, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system.

4. Cookies

In computer language, a cookie is used by one person to store data on another person’s computer’s hard drive. Almost all websites utilize cookies to one extent or another. We may use this information to maintain your computer’s session with our server. We may also use our cookies for security and authentication purposes and for advertising and other purposes. For example, Website visitors may receive cookies from us and from our advertisers and other third parties with whom we have an arrangement when they visit russianpointe.com. We have no access to or control over any advertiser’s or other third party’s cookies.

No Information From Children Under 13 Years of Age

The russianpointe.com website and flxstrong.com website is not designed for children under 13 years of age. We do not knowingly collect any information from children under 13 years of age. Consistent with GDPR requirements, we do not knowingly collect information from children 16 or under. If you are 13 years of age or younger, please do not attempt to register or participate in any function at russianpointe.com or flxstrong.com for any reason or provide any personally identifiable information about yourself to us or on any forum at this site. You represent and warrant to RP that by including any information regarding a child between ages 13 and 16 in your registration or by providing RP such information, you consent to the collection and processing of information relating to the person between ages 13 and 16. If we discover personally identifiable information that we have received on our website and that we believe is about a child under the age of 13 or information about a child between ages 13 and 16 for which a parent has attempted to revoke consent, we will delete that information. If you believe we might have any personally identifiable information about a child under the age of 13 or if you revoke your consent to the collection of information regarding a child between the ages of 13 and 16, please call us at 866.776.4683, (outside the United States at 1.312.414.0980) or contact us here at our russianpointe.com website through CONTACT, or contact us by mail at the following address: RP Group International, Inc., attn. Customer Service, 77 W. Washington St., Ste. 1100, Chicago, IL 60602.

Information Use and Ownership

We own the information transmitted to or obtained via this website. The information you provide us or obtained through our website may be used for our business purposes among other purposes. Such purposes include, without limitation, to contact you about the website, contact you about your website membership status, confirm or fulfill and order, monitor or improve the website, customize advertising and content, provide special offers to you and send you promotional materials on behalf of parties with whom we have business arrangements, if the mailing list opt-in function is chosen by you.

We may aggregate information supplied by users during the website registration process and information about their use of russianpointe.com to maintain our services and describe our website user base to potential and actual advertisers and for other business purposes. This information supplies summary data about our community of users among other things. There are circumstances in which we disclose and transfer to third parties personally identifiable information about you. For example, but without limitation, we may employ other businesses, certain services, and individuals to perform functions on our behalf or to service our business purposes, such as, without limitation, fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, providing marketing assistance, data analysis and customer service and we may share your personally identifiable information with these service providers.

We may also reveal user personally identifiable and other information if we believe that a user is harming or interfering with other russianpointe.com users, anyone else, or violating our Terms of Use, or infringing any of our rights or those of third parties.

To the extent we believe it is required by law, we will reveal information, including personally identifiable information; for example, if we are asked by subpoena or other legal means to disclose any of your personally identifiable information.

Data Security

No data transmissions over the Internet and no storage of data can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you provide information at your own risk. Once we receive your transmission, we take steps to secure data on our systems. However, we do not a guarantee that such information may not be accessed or disclosed by breach of firewalls and server software even if designed to protect your information from unauthorized access or disclosure.

By using this website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, administrative issues relating to your use of this website and other matters. We may post a notice on our website if someone breaches our security measures. In these circumstances, we may also send an e-mail or text to you at the e-mail address and text/phone number you have provided to us.

Account Confidentiality and Access

You are solely responsible for maintaining the confidentiality of your account, all activities occurring under your account and all access to and use of the RP Services by anyone using your account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. RP shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your account, including but not limited to your account sign-in password and email address. You acknowledge and accept that your use of the website is in compliance with these Terms of Service. You further acknowledge and accept that RP shall have no obligation to investigate the authorization or source of any account activity, including purchase activity following a proper log-in to this website which is defined as a matching and current member sign-in and user password. You must notify us immediately of any unauthorized access to your account or any other unauthorized use of any RP product or service.

You agree that RP may, without prior notice, immediately terminate, limit your access to or suspend your account in the event of: (a) a breach or violation of these Terms of Service; (b) a request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which RP believes is harmful to its business interests; or (f) for no reason or for any reason. You agree that any termination, limitation of access and/or suspension will be made in RP’s sole discretion and that RP will not be liable to you or any third party for the termination, limitation of access and/or suspension of your account.

E-mail, Text and Phone Communications

By using this website or providing personal information to us, you agree that we may use your e-mail address and text/phone number to contact you with e-mail, text and phone messages about the website and any matter relating to your use of this website, your membership or your use or purchase of any our services or products, whether such purchase was made on the website, any other location, and for other purposes. We may also use your e-mail address and text/phone number to send you newsletters or other communications and to otherwise communicate with you.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Statement - California

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of this website and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We do not sell your personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 866.776.4683
  • Visiting russianpointe.com or flxstrong.com and using the CONTACT page
  • Mail to RP Group International, Inc., Attn: Customer Service, 77 W. Washington St., Ste. 1100, Chicago, IL 60602

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Correcting/Updating Personal Information

If your personally identifiable information (such as your address, credit card number or other information) changes, or you no longer desire access to our website, please visit this website to correct, update or remove personal and other data you have provided to us by making changes to your profile, by using an opt-out or unsubscribe message in your e-mail, or by e-mailing us with your request.

What are your data and communication rights?

RP periodically sends information, by mail or email, about product news and upcoming events. We also produce a monthly e-newsletter with all the latest RP news, plus fascinating interviews and a personal message from RP’s CEO, Aleksandra Efimova.

If you prefer not to receive communications of these kinds from us, you can change your preferences in your online account, and/or let us know by contacting us at the email address, mailing address or phone number below. (Be sure to include your full name and the email address you used when you registered online or made a purchase.)

If you ask us to remove your name and address from promotional lists, we will place you in a “do not contact” file. It may take up to 10 days to process an online, email or phone request, or 6-8 weeks to process a postal mail request, during which time you may continue to receive communications from RP. If you want to return to our newsletter and promotional mailing lists, simply log in to your account again to change your preferences, sign up again at our website or boutique, or contact us with the change.

Note: Whatever your account preferences, RP will use your contact information to confirm your order status and shipment, and may also contact you with other information or questions about your order.

If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can access, correct, or delete your personal data in your account settings, but if you are unable to for any reason, or you would like to contact us about one of your other rights, scroll down to How to Contact RP to find out how to reach us.

EU individuals also have the right to make a complaint to a government supervisory authority.

ADA Accessibility

We are committed to making this website compliant with the Americans with Disabilities Act. We wish all of our visitors to be able to access and understand our goods and services. This is an ongoing project, and we are bringing sections of our internet presence into ADA compliance following the relevant and applicable portions of W3C Level One guidelines.

Please be patient as these changes take effect. If, at any time, you have specific questions or concerns about the accessibility of any particular page, please contact us. If you encounter an accessibility issue, please specify the page / URL in your email. We welcome all feedback on improving our site's accessibility for all of our users. It is our ongoing goal to develop a website that is fully accessible to everyone.

LIMITATIONS ON LIABILITY AND ASSUMPTION OF RISK

By buying, using, or allowing the use of any product sold by RP or listed on russianpointe.com (the “Product”) you expressly and voluntarily assume the risk of death, disability, personal injury, or property damage sustained while using the Product whether or not caused by the negligence or other fault of RP Group International, Inc., an Illinois corporation (“Seller”), including the risk of equipment malfunction, and you release Seller with respect to same, and agree to indemnify, defend, and hold Seller harmless from any third-party claims arising from the use of the Product. Assume ANY and ALL RISKS of INJURY OR DEATH resulting from use of the product. Buyer hereby WAIVES, RELEASES, and SHALL NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against the company, RP or any other owner or operator of businesses offering products through this website, or any one of the aforementioned entities and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any manufacturers and distributors (hereinafter the “Indemnified Parties” collectively, the “Indemnified Party” individually) that are based on, arise or result from, in whole or in part, use of the product, and INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any activity and any loss, damage or injury, including death, that may be sustained by buyer or assignee, or caused to others or their property by buyer or assignee. Buyer also agrees to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Buyer or assignee.

Dispute Resolution/Governing Law

Use of russianpointe.com or flxstrong.com, and any controversy, claim or dispute arising out of or relating in any way to your use of the website, purchase of product from RP and/or your account, media rights, products or services purchased through the website shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to your use of the website or purchase of our products or services must be commenced within one (1) year after the claim or cause of action arose.

Class Action Waiver

Both you and RP waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the website, and/or your account, or products purchased through the website as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as the “class action waiver".

Agreement to Arbitrate Claims

These Terms of Service provide for final, binding arbitration of disputed claims. Except to the limited extent noted below, use of the website, any purchases made through the website, and any controversy, claim or dispute arising out of or relating in any way to your use of the website, or products purchased through the website shall be resolved by final and binding arbitration between you and RP.

The arbitration shall take place in the County of Cook, State of Illinois, in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten (10) days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing),the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to participate in the arbitration.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Policy Changes

If we change the Privacy Policy or other Terms of Service in any substantial way, such changes will be communicated on this website.