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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF
THIS WEBSITE CAREFULLY. By accessing or using this Website, you agree to
be and are bound by these Terms and Conditions ("Terms & Conditions").
If you do not wish to be bound by these Terms & Conditions, you may not
access or use this Website and, if applicable, you should arrange to
cancel your registered user account with us. We reserve
the right, in our sole discretion, to change, modify, add or remove
portions of these Terms & Conditions at any time and such modifications
shall be effective immediately upon posting of the modified agreement or
notifying you. You should check these Terms & Conditions periodically
for changes. By using our Website after we post any changes to these
Terms & Conditions, you agree to accept those changes, whether or not
you have reviewed them.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use
of the websites which are owned or operated by M.B.S. Fitness
LLC (collectively, "we," "us," or "our"), including, without limitation,
this website and any other website that we may own or operate currently
or in the future (collectively, our "Website").
2. Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by
these Terms & Conditions, just as if you had signed this agreement. If
you do not comply with these Terms & Conditions at any time, we reserve
the right, if applicable, to terminate your password, user account,
and/or access to this Website (or any part thereof). In our sole
discretion and without prior notice or liability, we may discontinue,
modify or alter any aspect of the Website, including, but not limited
to, (i) restricting the time the Website is available, (ii) restricting
the amount of use permitted, and (iii) restricting or terminating any
user's right to use the Website. You agree that any termination or
cancellation of your access to, or use of, the Website may be effected
without prior notice. If you do not abide by the provisions of these
Terms & Conditions, except as we may otherwise provide from time to
time, you agree that we may immediately deactivate or delete your user
account and all related information and files in your user account
and/or bar any further access to such information and/or files, or our
Website. Further, you agree that we shall not be liable to you or any
third-party for any termination or cancellation of your access to, or
use of, our Websites.
From time to time, we may supplement these Terms & Conditions with
additional terms and conditions pertaining to specific content,
activities or events ("Additional Terms"). Such Additional Terms may be
placed on the Website to be viewed in connection with the specific
content, activities, features or events and shall be identified as such.
You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms & Conditions.
3. Health Disclaimer
This Website provides fitness training information, applications and
content published over the Internet and is intended only to assist users
in their fitness training efforts. M.B.S. Fitness LLC is not a medical
organization and our staff cannot give you medical advice or diagnosis.
Nothing contained in this Website should be construed as such advice or
diagnosis. The information and reports generated by us should not be
interpreted as a substitute for physician consultation, evaluation, or
treatment.
You are urged and advised to seek the advice of a physician before
beginning any fitness training program or regimen. This Website is
intended for use only by healthy adult individuals. The Website is not
intended for use by minors, pregnant women, or individuals with any type
of health condition. Such individuals are specifically warned to seek
professional medical advice prior to initiating any form of fitness
training program or regimen.
4. Disclaimers
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE INFORMATION, SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THIS
WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY,
ACCURACY OR NON-INFRINGEMENT.
NEITHER M.B.S. FITNESS LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT
THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY INFORMATION, SERVICES, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
INFORMATION, SERVICES, OFFERING, CONTENT OR MATERIAL.
NEITHER M.B.S. FITNESS LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE INFORMATION, SERVICES, OFFERINGS, CONTENT AND MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM
OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A)
THE USE OR THE INABILITY TO USE THE M.B.S. FITNESS LLC SITES; (B) THE USE OF
ANY CONTENT OR OTHER MATERIAL ON THE M.B.S. FITNESS LLC SITES OR ANY WEBSITE OR
WEBSITES LINKED TO THE M.B.S. FITNESS LLC SITES, (C) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER
RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS
& CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF
YOUR USE OF THIS WEBSITE.
6. Indemnification
You agree to indemnify, hold harmless and, at our option, defend M.B.S.
Fitness LLC and our affiliates, and our and their officers, directors,
employees, stockholders, agents and representatives from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, reasonable attorneys fees and expenses) arising from your
improper use of this Website or our products or offerings, your
violation of these Terms & Conditions, or your infringement, or the
infringement or use by any other user of your account, of any
intellectual property or other right of any person or entity.
7. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this Website
and the material provided hereon for your personal, noncommercial use,
provided that you comply fully with the provisions of these Terms &
Conditions. You acknowledge that this Website contains information,
software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, notes,
articles and other materials (collectively, "Content") that are
protected by copyrights, patents, trademarks, trade secrets and/or other
proprietary rights, and that these rights are valid and protected in all
forms, media and technologies existing now or hereafter developed. All
Content is copyrighted under the United States copyright laws (and, if
applicable, similar foreign laws), and we own a copyright in the
selection, coordination, arrangement and enhancement of such Content.
All trademarks appearing on this Website are trademarks of their
respective owners. You may not modify, publish, transmit, distribute,
perform, participate in the transfer or sale, create derivative works
of, or in any way exploit, any of the Content, in whole or in part. When
Content is downloaded to your computer, you do not obtain any ownership
interest in such Content. Modification of the Content or use of the
Content for any other purpose, including, but not limited to, use of any
Content in printed form or on any other website or networked computer
environment is strictly prohibited unless you receive our prior written
consent.
8. Registered User
There is no cost to become a registered user of our Website. You do not
have to become a registered user to use this Website. However, if you do
not register, you may be precluded from using certain products,
offerings, features, or resources of our Website. You must register in
accordance with instructions that you will find on this Website to
participate in, and to contribute to, any Forum or use of the "Public
Profile" feature of our Website. A " Forum" means any chat room, message
board, or similar activity where you and other users of our Website can
communicate.
If you elect to become a registered user of our Website, you agree to
provide us with true, accurate and complete information about yourself
("Registered User Data"), and to maintain and promptly update the
Registered User Data to keep it accurate. Without limiting any other
provision of these Terms & Conditions, if you provide any information
that is untrue, inaccurate, or incomplete, or we have reasonable grounds
to suspect that such is the case, we reserve the right to suspend or
terminate your user account and refuse any and all current or future use
of our Website (or any portion thereof). You agree not to assign,
transfer or sublicense your rights as a registered user of this Website.
9. Privacy and Security
We are committed to protecting your privacy and security. For more
information, you should review our Privacy Policy, which is incorporated
into these Terms & Conditions by this reference.
10. Use of Interactive Areas
You acknowledge that all Content and all information, software, photos,
video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, notes, drawings, articles and other
materials posted, emailed, or otherwise transmitted to or on this
Website, whether posted at our request or voluntarily, and whether
publicly posted or privately transmitted (collectively, the "Postings"),
are the sole responsibility of the person who made such Postings. This
means that you are entirely responsible for all Postings that you post,
email or otherwise transmit to this Website. We do not control the
Postings posted, emailed or otherwise transmitted on our Website by
others and, as such, we do not guarantee the accuracy, integrity or
quality of such Postings. Although we have adopted community standards
and conduct guidelines for the users of our Website (as described
below), you understand that by using this Website, you may be exposed to
Postings that are offensive or objectionable. Under no circumstances
will we be liable in any way for any Postings (other than for Content
developed by us), including, but not limited to, for any errors or
omissions in any Postings, or for any loss or damage of any kind
incurred as a result of the use of any Postings posted, emailed or
otherwise transmitted to or through this Website.
You agree not to use this Website (including any Forums) to:
a. Upload, post, email or otherwise transmit any Postings or other
materials that are unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable (in
our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a
director, officer, employee, shareholder, agent or representative of M.B.S.
Fitness LLC, our affiliates or any other person or entity, or falsely state
or otherwise misrepresent your affiliation with M.B.S. Fitness LLC, our
affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Postings or other materials transmitted to or
through this Website;
e. Upload, post, email or otherwise transmit any Postings or other
materials that you do not have a right to upload, post, email or
otherwise transmit under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other
materials that infringe upon any patent, trademark, trade secret,
copyright, right of privacy or publicity or other proprietary rights of
any party;
g. Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of commercial
solicitation, except in those areas, if any, that are specifically
designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other
materials that contain software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
i. Interfere with or disrupt this Website or servers or networks
connected to this Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;
j. Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, any
regulations having the force of law;
Your privilege to use this Website (including the Forums) and contribute
to discussions on the Forums depends on your compliance with the
community standards and conduct guidelines set forth above. We may
revoke your privileges to use all or a portion of this Website and/or
take any other appropriate measures to enforce these community standards
and conduct guidelines if violations are brought to our attention.
Further, if you fail to adhere to our community standards and conduct
guidelines, we may terminate, in our sole discretion, your use of, or
participation in, any Forum.
All Forum communications, including, but not limited to, chat and
message board communications, are public and not private communications.
We reserve the right to monitor some, all, or no areas of this Website
(including any Forum) for adherence to the community standards and
conduct guidelines set forth above or for any other purpose. You
acknowledge that by providing you with the ability to distribute
Postings in the Forums, we are acting as a passive conduit for such
distribution and we are not undertaking any obligation or liability
relating to any Postings or activities in any Forum. Although we reserve
the right to remove, without notice, any Forum posting for any reason,
we have no obligation to delete Postings that you may find objectionable
or offensive.
Any messages advice, opinions or other information contained in any
interactive area should not be construed as professional advice or
instruction.
11. Submissions
If, at our request or on your own, you send, email, post or otherwise
transmit to us or this Website information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, notes, drawings, articles, stories
about yourself, or other materials (including, but not limited to,
posting, emailing, or otherwise transmitting Postings on any Forum)
(collectively, the "Submissions"), the Submissions shall be deemed, and
shall remain, our property. None of the Submissions shall be subject to
any obligation of confidence on our part, and we shall not be liable for
any use or disclosure of any Submissions. Without limitation of the
foregoing, you grant us and our successors and assigns a royalty-free,
perpetual, irrevocable, non-exclusive right (including any moral rights)
and license (as well as consent) to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
communicate to the public, perform and display any Submissions (in whole
or in part and with or without the use of your name) worldwide and/or to
incorporate the Submissions in other works in any form, media, or
technology now known or later developed, for the full term of any
copyrights, trademarks and other intellectual and proprietary rights
(collectively, the "Rights") that may exist in such Submissions. You
also warrant that any third party holder of any Rights, including moral
rights in such Submissions, has validly and irrevocably granted to you
the right to grant the license stated above. You further acknowledge
that we and our successors and assigns shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions.
12. Links to Other Sites
These Terms & Conditions apply only to this Website, and not to the
websites of any other person or entity. We may provide, or third parties
may provide, links to other worldwide websites or resources. You
acknowledge and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse (and are not
responsible or liable for) any content, advertising, products, or other
materials on or available from such websites or resources. You further
acknowledge and agree that, under no circumstances, will we be held
responsible or liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in connection with
your use of, or reliance on, any content, advertisements, products or
other resources available on any other website (regardless of whether we
directly or indirectly link to such content, advertisements, products or
other resources). You should direct any concerns with respect to any
other website to that website's administrator or webmaster.
13. Copyright Complaints
We respect the intellectual property of others, and we ask our users to
do the same. We may, in appropriate circumstances and in our discretion,
terminate the rights of any user to use our Website (or any part
thereof) who infringe the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement or are aware of someone doing so, please contact
our designated agent for notice of claims of copyright infringement:
Karl Medina, kfmedina@mbsfitness.com, 15175 Magnolia Blvd., Los Angeles,
CA 91403.
14. Your Password and User Account.
If you are a registered user of this Website, you are
entirely responsible for maintaining the confidentiality of your
password and user account information. You must notify us immediately in
the event of any known or suspected unauthorized use of your user
account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your or anyone else's password. You
are entirely responsible for any and all activities which occur under
your user account. You agree to immediately notify us of any
unauthorized use of your user account or any other breach of security
known to you.
15. Governing Law
These Terms & Conditions shall be governed by and construed in
accordance with the laws of the State of California, without giving
effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to your use of this
Website or these Terms & Conditions shall be filed only in the state or
federal courts located in Los Angeles, California and you hereby
consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
16. Miscellaneous
In any action against us arising from the use of this Website, the
prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to its
costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any
remaining provisions. These Terms & Conditions may be modified only by
our posting of changes to these Terms & Conditions on this Website, or
by written agreement of both parties. Each time you access this Website,
you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions.
These Terms & Conditions will inure to the benefit of our successors,
assigns and licensees. The failure of either party to insist upon or
enforce the strict performance of the other party with respect to any
provision of these Terms & Conditions, or to exercise any right under
the Terms & Conditions, will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance; rather,
the same will be and remain in full force and effect.
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