TERMS AND CONDITIONS OF
USE
We have taken every effort to design our Web site to be
useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that
— and would ask that you let us know if you’d like to see improvements or
changes that would make it even easier for you to find the information you need
and want.
All we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you automatically
agree to them. Naturally, if you don’t agree, please do not use the site. We
reserve the right to make any modifications that we deem necessary at any time.
Please continue to check these terms to see what those changes may be! Your
continued use of the Top Bodybuilding Tips.com Web site means that you accept
those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online
Materials on the Top Bodybuilding Tips.com site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and controlled by Top
Bodybuilding Tips.com. You, the visitor, may download Online Materials for
non-commercial, personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association with
any of our products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for reuse
for commercial purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any way or for any
other purpose unless you get our written permission first. Neither may you add,
delete, distort or misrepresent any content on the Top Bodybuilding Tips.com
site. Any attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it, is
considered licensed to you by Top Bodybuilding Tips.com or third-party licensors
for your personal, non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title to the
software and to all of the associated intellectual-property rights. You’re not
allowed to redistribute or sell the material or to reverse-engineer, disassemble
or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions,
ideas, graphics, comments, or other information that you send to Top
Bodybuilding Tips.com through our site (other than information we promise to
protect under our privacy policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or anything like
them, we don’t have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions of any kind.
We can use them for any purpose we deem appropriate to our Top Bodybuilding
Tips.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
Top Bodybuilding Tips.com WILL NOT BE
LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY
OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE
GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links
to other World Wide Web sites from our site. Such a link should not be seen as
an endorsement, approval or agreement with any information or resources offered
at sites you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if you are
still in a Top Bodybuilding Tips.com-operated site or have moved to another
site. Top Bodybuilding Tips.com is not responsible for the content or practices
of third party sites that may be linked to our site. When Top Bodybuilding
Tips.com provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that Top
Bodybuilding Tips.com is connected with, operates or controls these Web sites.
Any approved link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or support of
any Top Bodybuilding Tips.com site or endorsement, sponsorship or support of Top
Bodybuilding Tips.com, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until
terminated by either party. You may terminate this agreement at any time, by
destroying all materials obtained from all Top Bodybuilding Tips.com Web site,
along with all related documentation and all copies and installations. Top
Bodybuilding Tips.com may terminate this agreement at any time and without
notice to you, if, in its sole judgment, you breach any term or condition of
this agreement. Upon termination, you must destroy all materials. In addition,
by providing material on our Web site, we do not in any way promise that the
materials will remain available to you. And Top Bodybuilding Tips.com is
entitled to terminate all or any part of any of its Web site without notice to
you.
Jurisdiction and Other Points to Consider
If you use our site
from locations outside of the United States, you are responsible for compliance
with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the California, as it is applied to agreements entered into and
to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Top
Bodybuilding Tips.com and/or its affiliates' intellectual property rights, Top
Bodybuilding Tips.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of California, and
you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location: Los
Angeles. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Los Angeles, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
Top Bodybuilding Tips.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without notice to
you. This is the ENTIRE agreement regarding all the matters that have been
discussed.