RealModernMuscle.com
("MM") Web Site Terms &
Conditions and User
Agreement
This Internet Website
("Website") with its
home page in the domain
http://www.RealModernMuscle.com
is provided by Modern
Muscle, LLC ("MM") and
its affiliates
(collectively referred
to herein as
"Affiliates") at no
charge to users of the
World Wide Web, with the
express condition that
any and all users of
this Website agree to be
bound by the terms and
conditions set forth in
this User Agreement. MM
and its Affiliates
reserve the right to
change these terms and
conditions at any time,
and thus you should
consult the most recent
version of this User
Agreement (not an older
cached version) each
time you view the
Website.
If you do not agree
to/with the terms stated
below, please log off
this website
immediately!
1. You acknowledge that
the information provided
on the Website is
provided to you "as is"
for general information
only. MM and its
Affiliates make
absolutely no warranties
of any kind or form
regarding this Website
or the information
contained within it,
including but not
limited to any warranty
of accuracy,
completeness, currency,
merchantability or
fitness for a particular
purpose, or any warranty
that the pages that make
up this Website, or the
servers that make them
available, are free from
viruses or any other
harmful elements, and
that such warranties are
expressly disclaimed. MM
reserves the right to
change or discontinue at
any time, and for any
reason, any aspect or
feature of this Website.
The material in this
Website could contain
technical inaccuracies
or other errors. Your
use and browsing of this
Website is at your own
risk. Neither MM, its
Affiliates, or any other
party involved in the
creation, production, or
delivery of the contents
of this Website shall be
liable for any direct,
indirect, incidental,
consequential, or
punitive damages arising
out of your access to,
or use of, this Website.
MM does not warrant that
the functional aspects
of the Website shall be
uninterrupted or
error-free.
2. You agree that you
will hold harmless MM
and its Affiliates and
their shareholders,
officers, directors,
managers, and employees
from all claims arising
out of or related to
your access to or use
of, or your inability to
access or use, this
Website or the
information contained in
this Website or other
websites to which it is
linked, including but
not limited to claims
that you have found
something you have
heard, viewed, or
downloaded from this
Website or another
website to which it is
linked to be obscene,
offensive, defamatory,
or infringing upon your
intellectual property
rights. In no event will
MM or its Affiliates or
the contributors of
information to this
Website be liable to you
or to anyone else for
any decision made or
action taken by you in
reliance on such
information or for any
consequential, special,
or similar damages, even
if advised of the
possibility of such
damages.
3. You acknowledge that
opinion and
recommendations
contained in this
Website, including but
not limited to those
which may be found in
news items and
discussion areas, are
not necessarily those of
MM or its Affiliates or
endorsed by MM or its
Affiliates.
4. MM or its Affiliates
may provide Links on the
Website to other
websites which are not
under the control of MM
or its Affiliates. In
general, any website
which has an address (or
URL) which does not
contain "RealModernMuscle.com"
is such a website. These
links are provided for
convenience of reference
only and are not
intended as an
endorsement by MM or its
Affiliates of the
organization or
individual operating the
website or a warranty of
any type regarding the
website or the
information on the
website. MM or its
Affiliates have not
reviewed all of the
websites and are not
responsible for the
contents of any such
websites.
5. You may provide a
hypertext link to this
website from/on another
website, provided that:
(a) the link must be
clearly marked as
"Modern Muscle Website",
(b) the link must point
to the URL http://www.RealModernMuscle.com"
and not to other pages
within the Website, (c)
the appearance,
position, and other
aspects of the link may
not be such as to damage
or dilute the goodwill
associated with the name
and trademarks of MM or
its Affiliates, (d) the
appearance, position,
and other aspects of the
link may not create the
false appearance that an
entity other than MM or
its Affiliates is
associated with or
sponsored by MM or its
Affiliates, (e) the
link, when activated by
a user, must display
this Website full-screen
and not within a "frame"
on the linked website,
and (f) MM and its
Affiliates each reserve
the right to revoke
consent to the link at
any time in its sole
discretion by amending
this User Agreement. You
agree that all other
hypertext links to this
Website must be approved
in writing by MM.
6. You should assume
that everything you see
or view on the Website
is copyrighted unless
otherwise noted and may
not be used except as
provided for in these
terms and conditions in
this User Agreement or
in the text on the
Website without the
written permission of
Modern Muscle, LLC. The
works of authorship
contained in or
downloadable from this
Website, including but
not limited to all
design, text, and images
are owned or licensed by
MM or its Affiliates,
and may not be copied,
reproduced, transmitted,
displayed, performed,
distributed, rented,
sublicensed, altered,
stored for subsequent
use or otherwise used in
whole or in any part in
any manner without the
prior written consent of
MM, except that the user
may make such temporary
copies in a single
computer's RAM and hard
drive cache as are
necessary to browse the
Website, and the user
may make one permanent
printout of each page of
the Website (unmodified
in form, with a copy of
this User Agreement
attached) to be used by
the user for personal
and non-commercial uses
which do not harm the
reputation of MM or its
Affiliates, and provided
that you do not delete
nor change any
copyright, trademark, or
other proprietary
notices. Elements of the
Website are also
protected by trade dress
and other laws and may
not be imitated in whole
or in part by other
websites. Certain
software downloads or
other content may be
used for certain limited
purposes if expressly
stated in a license
agreement on the Website
which makes reference to
the software or content.
Any unauthorized use of
any design, text,
images, or material on
the Website may violate
copyright laws,
trademark laws, the laws
of privacy and
publicity, and
communications
regulations and
statutes.
Except as expressly
provided above, nothing
contained herein shall
be construed as
conferring any license
or right under any
copyright or
intellectual property
right. If you are the
owner of intellectual
property who believes
that their intellectual
property has been
improperly posted or
distributed via this
Website, then please
notify MM immediately at
the following address:
Webmaster.
7. The marks
RealModernMuscle.com,
and Modern Muscle, LLC
are registered and/or
unregistered common law
trademarks of MM. All
marks used on this
Website that are not the
marks of MM are used
with respect and
appreciation to their
owners and are included
herein for reference
purposes only.
8. Some portions of the
Website (such as any
Discussion or "Chat"
areas) are made
available for the free
exchange of ideas by
participants and are not
regularly monitored nor
moderated by MM. While
reserving the right to
delete messages and
other materials that it
deems, in its sole
discretion, to be
indecent, obscene,
defamatory, infringing
upon the intellectual
property rights of
others, or otherwise
objectionable, MM
assumes no
responsibility and makes
no warranty that it will
undertake to screen or
remove such material.
You agree to hold MM
harmless from all claims
based upon the materials
posted by others. Also,
in exchange for availing
yourself of the
opportunity to upload or
provide information to
this site and any
associated chat rooms
and discussion areas,
you agree that nothing
you provide will be
obscene, offensive,
defamatory, infringing
upon the intellectual
property rights of
others, or otherwise
unlawful, and that you
will indemnify MM from
any claims made by third
parties regarding the
material that you
provide. Personal
information posted by
you to the Website is
posted at your own risk
and you agree that MM
and its Affiliates will
have no liability
whatsoever arising from
use of that information
by any person or entity.
You agree that you will
not use the discussion
area, chat room, or any
other area of the
Website to distribute or
publish any advertising
of goods or services,
solicitation of funds,
or any other commercial
messages. You agree that
you will not post,
upload, or otherwise
introduce anything onto
the Website that
constitutes a virus or
any other type of
harmful code.
9. If you post works of
authorship anywhere on
or to the Website or
provide to MM any work
of authorship, by
whatever form or means
of communication,
including but not
limited to electronic
mail or otherwise,
including any personal
data, questions,
answers, comments,
suggestions, or the
like, you will have
deemed to have granted
MM a perpetual,
non-revocable,
worldwide, non-exclusive
license to include the
work on the Website (and
to reproduce, publish,
distribute, perform,
display, and transmit
the work and to prepare
derivative works as is
reasonably necessary to
do so) and you waive all
rights of attribution
and integrity with
respect to the work. MM
is free to use any
ideas, concepts,
know-how, or techniques
contained in any
communication you send
to the Website or to MM
for any purposes
whatsoever, including
but not limited to
developing the Website
and/or MM.
10. If any portion of
these terms and
conditions contained
within this User
Agreement is held to be
unenforceable, the
unenforceable portion
shall be construed in
accordance with
applicable law to the
greatest extent possible
and the remainder of the
provisions shall remain
in full force and
effect.
11. All communications
regarding these Terms
and Conditions should be
directed in writing to:
Webmaster.
Privacy Policy
Modern Muscle, LLC takes
the privacy of your
personal information
very seriously and will
use your information
only in accordance with
the terms of this
Privacy Policy.
We will not sell or rent
your personally
identifiable information
or a list of our
customers to
unaffiliated third
parties. However, by
submitting your personal
information and
identifying your
interest in Modern
Muscle products and
services, you grant us
permission to utilize
this information to
contact you from time to
time. Modern Muscle, LLC
may share this
information with our
partners, associates and
affiliates for the
purpose of keeping you
informed of related
products, services, news
and events.
Pricing & Information
Disclaimer
Modern Muscle, LLC is
committed to providing
our customers with the
highest quality products
and information
available and uses
reasonable effort to
keep this site
up-to-date; however
Modern Muscle, LLC makes
no warranties or
representations to the
site's complete
accuracy. Modern Muscle,
LLC reserves the right
to change all pricing
and content at any time. |