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 educational 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.
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 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.
