Terms of Use

Use of this site indicates that you accept the Terms of Use


MrBicepSM Terms of Use Agreement

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

MrBicepSM, its members, employees, officers, associates, Muscleman of Technology®, Muscleman of Technology®, LLC, and Bruce Pechman (hereinafter also referred to as "MrBicep" or "we" or "our"), provide this Terms of Use agreement to the User (hereinafter also referred to as "you" or "your" or "yourself") as a user of information and services, including but not limited to content and services at the MrBicep web site. By accessing or using MrBicep, you are indicating your agreement to be bound by all of the terms in this agreement. If you do not wish to be bound by this agreement, do not use MrBicep. MrBicep may change the terms and conditions of this agreement at any time and without prior notice to you. When the terms are changed, the changes will appear in this document, which you can access at any time by clicking on the "Terms of Use" link. By continuing to use the MrBicep website after a change in the terms of the Agreement, you agree to be bound by the terms of this agreement and all of the changes. You must be at least 18 years of age to use MrBicep. If you are not at least 18 years old, please do not access or use MrBicep. If you do not agree to the terms of use set forth here, do not use the website or download any materials from it.

Trademarks, Servicemarks, Copyright, Intellectual Property, and Limitations on Use

Except where otherwise noted, this website and its contents are copyright © 2003 - 2007 Muscleman of Technology®, LLC All Rights Reserved. The website and its contents, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of all content on this site, is the property of Muscleman of Technology®, LLC and is protected by copyright and other intellectual property laws. All other brands and names are property of their respective owners. All software used on this site is the property of MrBicep or its software suppliers and is protected by copyright and other intellectual property laws. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Information received through this website may be stored on your own computer, downloaded, displayed, reformatted and printed in a single copy for your personal, non-commercial use only, provided that you do not remove any trademarks, servicemarks, copyright and any other notice contained in such information. Whether or not for payment or other consideration, you agree not to distribute (including via e-mail or the Internet), copy, reproduce, modify, reuse, retransmit, disseminate, sell, rent, publish, broadcast, upload, re-post, circulate, license or commercially exploit in any manner any element of the website itself or the information or services received through the website, including without limitation results of searches performed, without the prior, express written consent of MrBicep. You agree not to remove any copyright or other proprietary notices and to prevent any unauthorized copying. You agree not to "mirror" or include this information on your own server or documents without MrBicep's permission. Nothing contained here shall be construed as granting to the user a license under any copyright, trademark, servicemark, patent or other intellectual property right of MrBicep or other third party. You may print out any articles and activities for your personal use only. Materials may not be reproduced on another Web site, book, or publication, or other media (including radio and television) without our express written permission. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of MrBicep is expressly prohibited. Certain names, logos, phrases, and artwork on these pages may constitute trademarks of MrBicep, its suppliers, affiliates or sponsors. The marks "MrBicepSM", "Mr. BicepSM", "The Muscleman of Technology®", "Muscleman of Technology®", "I have ways of making you listenSM", "Mr. Bicep has ways of making you listenSM" and the contents of its Web site are the sole property of MrBicep. Reproduction in whole or in part is strictly prohibited without written permission of MrBicep. MrBicep also cannot guarantee that all content and material appearing in the MrBicep Web site is not infringing on any registered or non-registered copyrights.

You agree not to provide a link to this website, and not to use MrBicep's logos or images as "hot" links to this website, unless the establishment of such a link is approved in advance in writing by MrBicep. MrBicep's trademarks and service marks may be used publicly only with advance, written permission from MrBicep.

MrBicepSM, Mr. BicepSM, The Muscleman of Technology®,  We Have Ways Of Making You ListenSM, I Have Ways Of Making You ListenSM, The Muscleman of Technology Has Ways Of Making You ListenSM, the MrBicep and The Muscleman of Technology logos and other titles and terms presented on our site are servicemarks, trademarks or registered trademarks of MrBicep.

Content
Content is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services found on MrBicep or in any MrBicep publication. This includes, but is in no way limited to message boards, chat, newsletters and other content. By accepting this agreement, you agree that all content located or published at MrBicep is the sole property of MrBicep and may not be reproduced without prior written consent of MrBicep. All content herein is protected under
U.S. and international copyright laws and is intended for your personal use only. You may not: modify, publish, retransmit, participate in the transfer or sale of, further copy, create derivative works from, distribute, perform, or display, any of the content in any way, except that you may make one copy for your personal use.

You agree that MrBicep shall have an unlimited license to edit and republish anything that you post in our forum(s) or submit as a comment or question to MrBicep.

MrBicep provides information, commentary, and entertainment on a broad range of topics relating, but not limited, to technology, health and fitness, and public speaking. You agree that under no circumstances, and in no event, shall MrBicep be liable for direct, indirect, or incidental damages resulting from your use of that information, commentary, or entertainment. You agree to indemnify MrBiecp and hold it harmless from any actions, claims, proceedings, or liabilities arising from your use of the Content.

Use of Information and Services

The information (including without limitation advice and recommendations) and services available on MrBicep are intended solely as a general informational aid. MrBicep and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site. While MrBicep strives to keep the information on this site accurate, complete, and up-to-date, MrBicep and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. 

The appearance of advertising on MrBicep should not be interpreted as an endorsement by MrBicep of the service, product, business, or program being advertised. We take no responsibility for claims or representations made in any ads. MrBicep is for informational purposes only and in no way should be construed to be medical advice. In no event shall Bruce Pechman or MrBicep assume liability for any damages whatsoever resulting from any action arising in connection with the use of this information or its publication. All information and advice should be weighed against your own abilities and circumstances and applied accordingly. It is up to the reader to determine if advice is safe and suitable for their own situation.

Disclaimer of Warranties and Liability

Information on this website may contain technical inaccuracies or typographical errors. MrBicep shall not be responsible for any errors or omissions contained at this website and does not guarantee the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained within this website. MrBicep makes no commitment to update the information on the website. MrBicep reserves the right to make changes without notice. THIS WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS, " "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MrBicep AND ITS AFFILIATES, AGENTS AND LICENSORS MAKES NO WARRANTY REGARDING THE OPERATION OF THE WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. MrBicep EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. No advice or information given by MrBicep, its affiliates or their respective officers or employees shall create any warranty. Further, you agree that MrBicep shall not be held liable to anyone for any loss or injury resulting from the direct or indirect use of MrBicep. This includes, but is not limited to, loss or injury caused in whole or in part by its negligence or by contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering any portion of MrBicep.  In no event shall MrBicep be liable for any special, indirect, punitive incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. With respect to goods or services purchased through this site, MrBicep's liability, in any case, is expressly limited to replacement of the defective goods or services, or at MrBicep's election, to the repayment or crediting of buyer with an amount equal to the purchase price of the goods or services. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations. Some statues might apply regarding limitation of liability.

You agree that you bear full responsibility for your own purchasing and other decisions, and that MrBicep shall not be liable for any decision made or action or inaction taken by you or others based upon reliance on news, commentary, information, or any material published or recommended by MrBicep. MrBicep relies on various sources of information that we believe to be accurate and reliable. However, MrBicep makes no claims or representations with regard to the accuracy, completeness, or truth of any material contained herein. You should always consult a physician or other qualified health care provider before relying on any information you find on this site.

Any comments or materials sent to MrBicep through this website shall be deemed NOT to be confidential. By sending MrBicep any information or material, you grant MrBicep an unrestricted, irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify, transmit, transform, create derivative works and distribute to others without limitation any ideas or information you send for any purpose. This site is controlled and operated by MrBicep from its offices within the
United States of America. MrBicep makes no representation that materials in the website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

If you choose to access this site from outside the
United States, you do so on your own initiative and are responsible for compliance with applicable local laws. Each party hereby consents to the personal jurisdiction of the State of Georgia, USA, acknowledges that venue is proper in any state or Federal court in the State of Georgia, agrees that any action related to this Agreement must be brought in a state or Federal court in the State of Georgia, agrees that any action in any form arising out of the subject matter of this agreement, whether in contract, tort or otherwise, must be brought within one year after the cause of action arose or was discovered by the party instituting the action, whichever occurs last, and waives any objection that may exist, now or in the future, with respect to any of the foregoing. Any claim related to this website shall be governed by the internal substantive laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. MrBicep’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and MrBicep with respect to your access to and use of MrBicep and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MrBicep with respect to this website generally. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All Rights Reserved.

User Contributions

Users who post materials to this site (e.g., bulletin boards, chat rooms, email) agree to abide by the following rules: (1) users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark or servicemark), that violates the privacy or publicity right of others, or that is in violation of applicable laws; (2) users may not interfere with other user's use and enjoyment of this site; (3) users may not use this site to conduct any activity that is illegal or that violates the rights of others; (4) users may not use this site to advertise or sell products or services to others; and (5) users must immediately inform MrBicep if they have reason to believe that a user is infringing any copyrighted materials. A user posting material represents that such material is unique to the user or used with permission of the copyright holder, and assigns to MrBicep ownership of such material. MrBicep has no responsibility for the content of any material posted by users, but MrBicep reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement. Bulletin boards, chat rooms, and emails contain the opinions and views of other users. MrBicep is not responsible for the accuracy of any messages on this site.

Links to Other Web Sites

MrBicep may include links to other Internet sites solely as a convenience to users. MrBicep does not guarantee, approve, or endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Again, the decision to download a program or visit a Web page is completely up to the user; MrBicep is not responsible for the use, functionality, appearance, privacy policy, upkeep, or management of featured links. Should a problem arise with a featured link, the user should contact the appropriate author(s) with any questions or concerns.

Indemnification

You agree to indemnify, defend and hold harmless MrBicep, its members, employees, officers, agents, affiliates and suppliers from any liability, loss, claim and expense (including attorneys' fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Changes to Site

MrBicep and its affiliates and suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. MrBicep may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

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