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.