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ACCEPTANCE OF TERMS
Strange Solutions, LLC, a Florida Limited Liability Company (“Company”), makes this website, www.bodybuildingforless.com, (the “Site”), including all information, documents, communications, files, text, graphics, products and services available through the site (collectively, the “Materials”) and all services operated by Company and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Company may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, including conducting any product searches, you agree to and are bound by the Terms of Use.
Company reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
DEFINED TERMS
All user-supplied information, comments, materials, communications, and documents are referred to collectively as “User Content.” “Company Content” means all Materials provided by Strange Solutions, LLC. User Content, and Company Content may have different restrictions and conditions associated with them.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Company and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
THIRD PARTY SERVICES
In addition to the Materials and Services offered by Company, this Site also makes available materials, information, and products provided by and through third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate agreements that accompany such services or product sales. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or product sales. Specifically, Company relies on information provided to it from Third Parties and cannot possibly guarantee the availability or quality of any Third Party products. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Company Content and User Content available on this Site subject to the following conditions:
- The Company Content and User Content may be used solely for personal, informational, and internal purposes.
- Company reserves the right to revoke the authorization to search, view, download, and sell products available on or through this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
- The rights granted to you constitute a license and not a transfer of title.
- Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site, including “BodybuildingForLess.com”, are the property of Company or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks.
LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. For User Content, including listings on the Sites classifieds and forum/blog postings, that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Company a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Company the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any spam, unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other users enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any spam messages, viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove any User Content from the Site, including any listings on the Sites classifieds page, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, Company makes no warranty that
(i) the Services and Materials will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. Any non-personal information or material sent to Company will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others. Our Privacy Policy covers this in more depth.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the state of California, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of California with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration i, except that, to the extent you have in any manner violated or threatened to violate Company’ sintellectual property rights, Company 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.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERALThe Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision
