TERMS AND CONDITIONS OF USE
Access, distribution and/or use of to this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on this Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site.
The Site is controlled and operated by MuscleMeds from its offices in the United States of America, and is intended for use in the United States, and its territories and possessions. MuscleMeds makes no representation that the Site, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access the Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.
By accepting these Terms and Conditions, and/or entering and participating in the activities offered on the Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Site shall not otherwise violate any applicable law, rule or regulation.
MuscleMeds may terminate your right to access and/or use the Site at any time and for any reason whatsoever. If there is content that you have provided to MuscleMeds (“your Content”) and which MuscleMeds (or you) posts on the Site, MuscleMeds shall not be liable to you for any termination of the Terms and Conditions, including but not limited to deletion of your Content.
Use of Materials
All material on this Site, including but not limited to software, images, music, text, “applets,” logos and trademarks, along with the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by MuscleMeds, or used with permission of the owner(s) of such Material.
Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of this Site or of any of the Material, in whole or part, without the express permission of MuscleMeds, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or of the Material contained hereon without the express written permission of MuscleMeds. Any unauthorized use of this Site and/or the Material contained hereon may subject the user to criminal prosecution and/or civil liability under applicable law.
User Submitted Content
From time to time, on certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works), photographs, or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that MuscleMeds has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions.
With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, MuscleMeds a world-wide, nonexclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotion of MuscleMeds. Without limiting the foregoing, such license permits MuscleMeds to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any MuscleMeds authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant MuscleMeds the right to use your User Content, likeness, biographical information, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting MuscleMeds, its products and/or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated herein; (iv) you will be responsible for all User Content submitted through your email access, and for all purposes under these Terms and Conditions, all submissions from your account shall be deemed to have been submitted by you; and (v) you are 18 or older
MuscleMeds has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, MuscleMeds reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; (ii) revoke any user’s right to use this Site. MuscleMeds is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, MuscleMeds may edit, alter, post, decline to post, remove, discard or delete your User Content at any time with no further notice. Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of MuscleMeds, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk email, unsolicited mass emailings, “spamming, “ “spimming” or “phishing; “ (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.
MuscleMeds may, at no cost or expense to you, process your User Content for playback over the Internet or direct playback on prepared files. MuscleMeds shall have and retain all right, title, and interest in and to the data resulting from such processing (“Digital Files”), including without limitation, encoding, compressing, formatting and processing of audio and video data. MuscleMeds agrees that its use of the Digital Files will be in accordance with these Terms and Conditions.
Promotions, Sweepstakes and Contests
On occasion, MuscleMeds and/or certain of its advertisers, partners or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide by and be bound by them.
Health Related Information
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
Copyright Infringement Policy
MuscleMeds values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this Site, then pursuant to Title 17, United States Code, §512, you may notify MuscleMed’s Designated Agent in writing as follows:
Name of Designated Agent: Tim Howe
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow MuscleMeds to locate such materials;
- contact information (e., name, address, email address) sufficient to enable MuscleMeds to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content only be made available to users of this Site who consent to MuscleMeds’s sharing of their Personal Consumer Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Warranty and Use Disclaimer
THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. MUSCLEMEDS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, MUSCLEMEDS SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Transmitting and Downloading
MuscleMeds is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
MuscleMeds does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back-up of all data and/or equipment.
Unless prohibited by law, you agree to indemnify, defend and hold harmless MuscleMeds, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify MuscleMeds, shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with MuscleMeds electronically, via email or otherwise, you consent to receive electronic communications from MuscleMeds. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by MuscleMeds satisfy any legal requirement that such communication be in writing.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this Site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.
These Terms and Conditions of Use were last updated on 11/1/2017 and are effective immediately.
Acquisition of Business
In the event that MuscleMeds is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site and all of MuscleMed’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, MuscleMeds will post a notice to such effect on this Site.
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us by emailing email@example.com.
Disputes and Governing Law
Use of the Site and these Terms and Conditions shall be governed by the laws of the State of New Jersey of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by MuscleMeds of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and MuscleMed’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you accessing and/or using the Site, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with the Site or the Material shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New Jersey within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association (“AAA”); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for any dispute or cause of action that you may have that relates in whole or part to the Site and/or the Material. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, MuscleMeds may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New Jersey and/or in any other court chosen by MuscleMeds in the event that MuscleMeds believes that there is a violation, or a threatened violation, of any of MuscleMeds’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.