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Welcome to MuscleandStrength.com, operated by Muscle and Strength, LLC. MuscleandStrength.com (Muscle and Strength, LLC) may be referred to herein as "Site", "we", "us", or "our".
2. Use of Content
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on MuscleandStrength.com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change MuscleandStrength.com or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from MuscleandStrength.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of MuscleandStrength.com, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of any Site is prohibited.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on MuscleandStrength.com for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any Site for which you do not seek Consideration (such as in our Forums (as defined below in Section 6, entitled "FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through MuscleandStrength.com. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
4. Licenses and Representations
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on MuscleandStrength.com and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that any Submissions you Distribute on or through the Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on MuscleandStrength.com permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
6. Public Forum and Communication
"Forum" means an area, site or feature offered as part of MuscleandStrength.com that offers the opportunity for users to Distribute Submissions for viewing by one or more MuscleandStrength.com users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through MuscleandStrength.com under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
7. Rules of Conduct
The following Rules of Conduct apply to MuscleandStrength.com. By using MuscleandStrength.com, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of MuscleandStrength.com; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
8. Cooperation; Removal of Submissions
9. Content Accessible Via Links From Sites And Search Results
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO MUSCLEANDSTRENGTH.COM OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM MUSCLEANDSTRENGTH.COM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT MUSCLEANDSTRENGTH.COM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through MuscleandStrength.com. Reliance on any information appearing on MuscleandStrength.com is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
MuscleandStrength.com may contain the opinions and views of other users. Given the interactive nature of MuscleandStrength.com, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
MuscleandStrength.com content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, MuscleandStrength.com without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
Not all testimonials contained in or made available through MuscleandStrength.com have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
12. Parental Permission
MuscleandStrength.com is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. Without parental permission, we collect only such limited information from children 12 and under necessary to allow us to obtain parental permission. For example, we may also ask a child to provide an email address of a parent so we can notify the parent and seek consent. We will not collect more detailed information from a child 12 and younger, such as a postal address or a telephone number, without the consent of a parent or guardian. You agree to abide by any such restrictions, and not to help anyone avoid such restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE MUSCLEANDSTRENGTH.COM OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF MUSCLEANDSTRENGTH.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO MUSCLEANDSTRENGTH.COM. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
16. Dispute Resolution
17. Jurisdictional Issues
We control and operate MuscleandStrength.com from our offices in the United States of America. We do not represent that MuscleandStrength.com content is appropriate or available for use in other locations. Persons who chose to access the MuscleandStrength.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. Waiver; Time Within Which Claims Must Be Brought
20. Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
- Notification must be submitted to the following Designated Agent: Damien Mase.
- Full Address of Designated Agent to Which Notification Should be Sent: 1180 First Street South, Columbia SC, 29209, USA
To be effective, the notification must be in writing and include each of the following: (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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 an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on MuscleandStrength.com, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (aa) your physical or electronic signature; (bb) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (cc) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (dd) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
21. Shipping Terms
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes Muscle & Strength, LLC to import the goods on his behalf. Further, the consignee/buyer agrees that Muscle & Strength, LLC may delegate the obligation to import the goods on his behalf to a subcontractor. The consignee will pay the taxes & duties in addition with the purchase price of the goods.
Special Rules Relating to Children
The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. MuscleandStrength.com is not directed at children under 13 years of age but, we recognize that with proper adult supervision some parents might permit their children to visit MuscleandStrength.com and use our online services. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of MuscleandStrength.com.
When your child attempts to register and/or provide personal information to MuscleandStrength.com, we require a parent or legal guardian to:
- Register their child by completing the Permission to Participate Form and returning it, by facsimile or postal mail, to us as set forth on the form;
Once parental notice and consent has been verified, the information we collect will be treated the same as information collected from any other user. Without verified parental notice and consent, we will not knowingly collect personal information relating to children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it.
How Parents Can Access Their Children's Personal Information
In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under 13 years of age. You may do so by following the instructions below regarding Access to/Correction of Information. If you request that no further information about your child be collected or used, we will be required to terminate your child's ability to use any part of the service or feature that requires a user to "sign in."
To learn more about COPPA, please visit this page:
Links to Other Sites
Users will find advertising or other content on MuscleandStrength.com that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on those sites. In addition, those sites or services, including their content and links, may be constantly changing. Those sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.
Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Sites you assume this risk.
Access To/Correction of Information
If you would like to review any personal information we have retained about you in our database, please send us an e-mail request for this information at [email protected]. To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personal information about you that you state is erroneous. To request such a correction, please send an e-mail to [email protected]gth.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request. Please also understand that due to the volume of traffic on MuscleandStrength.com and correspondence received, we cannot make any representations about the timeliness of the making of such modifications. In addition, we are unable to modify your information in the records of any third party who has been provided with your information in accordance with this policy.
If you "opt-in" to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, you may go back to MuscleandStrength.com and unsubscribe. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.
Consent To Transfer
MuscleandStrength.com is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer.
Your Acceptance Of These Terms
Last updated March 12th, 2012.
Product Reviews: FTC Disclaimer
The views and opinions expressed by contributors of the product reviews are their own and not necessarily those of Muscle & Strength. These reviews should not be taken as recommendations but rather customer opinions of the products that they may or may not have used. Furthermore, Muscle & Strength makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information. Muscle & Strength does not warrant the performance, effectiveness or applicability of any materials listed or linked to on MuscleandStrength.com.
Products sold on MuscleandStrength.com are not intended to diagnose, treat, cure, or prevent any disease. The information provided in the reviews is intended for educational purposes only.
Damien Mase, CEO
Muscle & Strength
1180 First Street South
Columbia, SC 29209, USA
PH: 1-800-537-9910 | International: 1-803-695-0558 | Fax: 1-803-227-0147
Email: email us here