Terms & Conditions
Important Legal Information
The following rules and regulations apply to all visitors to or users of the Musclewerks Inc Web Site, the home page of which is at www.musclewerksinc.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Musclewerks Inc at any time and posted on this Web site. In the event of a violation of these rules and regulations, Musclewerks Inc reserves the right to seek all remedies available by law and in equity.
Musclewerks Inc Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Musclewerks Inc as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Musclewerks Inc Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Musclewerks Inc may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Musclewerks Inc.
Musclewerks Inc retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Hans Drake International Corporation, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Musclewerks Inc Web Site. Your misuse of the trademarks displayed on the Musclewerks Inc Web Site is strictly prohibited. You are also advised that Musclewerks Inc will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Musclewerks Inc Web Site. None of such links should be deemed to imply that Musclewerks Inc endorses the Third Party Sites or any content therein.
Musclewerks Inc does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Musclewerks Inc will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer of Warranty:
Access to Musclewerks Inc Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Musclewerks Inc reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Musclewerks Inc controls this Web Site from its offices within the State of California. Musclewerks Inc does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Illinois, without giving effect to its conflict of laws provisions.
Limitation of Liability:
IN NO EVENT WILL MUSCLEWERKS INC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MUSCLEWERKS INC IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Musclewerks Inc may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Musclewerks also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Musclewerks Inc may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Notice for Copyright Infringement:
Musclewerks Inc does not permit copyright infringing activities on this Web site. Musclewerks Inc may remove any content of any kind that a user posts to this Web Site ("User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. Musclewerks Inc may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify Musclewerks Inc by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;
(3) Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Musclewerks Inc to locate the same;
(4) Information reasonably sufficient to permit Musclewerks Inc to contact you, such as an address, telephone number, and, if available, an email address;
(5) A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Musclewerks Inc
PO Box 3506
Newport Beach, CA 92659
By Email: [email protected]
If you fail to comply with all of the requirements above, your notice may not be valid.