|
TERMS OF USE Terms of Use Last updated on Please read the Terms of Use carefully before accessing or using this Site. ACCEPTANCE OF TERMS By accessing or using this Site in any way, including using any Services,
downloading Materials or merely browsing the Site (capitalized terms defined
below), you agree to and are bound by the terms and conditions set forth in this
document and in any changes thereto that Bullpen Marketing, LLC (Bullpen) may
publish from time to time (collectively, the "Terms of Use"). If you do not
agree to all of the terms and conditions contained in the Terms of Use, do not
access or use this Site. Bullpen may change the Terms of Use and other guidelines and rules posted
on the Site from time to time at its sole discretion. Your continued access or
use of the Site, or any Materials or Services, constitutes your acceptance of
the changes. Your access and use of the Site, Materials and Services 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. Please regularly check the "Terms of
Use" link on the home page of www.Metroflexgymtraining.com to view the then-current
terms. If you breach any of the Terms of Use, your authorization to access
or use this Site, Services and Materials automatically terminates, and any
Materials downloaded or printed from the Site in violation of the Terms of Use
must be immediately destroyed.
THE SITE Bullpen Marketing, LLC, its affiliates and agents ("Bullpen") make this
Web site and all other websites of Bullpen Marketing, LLC with links to the
Terms of Use (collectively, the "Site"), and the Materials and Services,
available for your access and use subject to the Terms of Use. "Materials" means
all information, data, documents (e.g. white papers, press releases, datasheets,
FAQs, etc.), communications, downloads, files, text, images, photographs,
graphics, videos, webcasts, publications, content, tools, resources, software,
code, programs and products made available or enabled via the Site by Bullpen or
users of this Site. "Services" means all services and resources offered or
enabled via the Site by Bullpen and users of this Site, including download
areas, developer tools services, product and other information services and
communications services such as bulletin boards, calendars, chat areas,
communities, e-mail, forums (including lab and user to user forums), newsgroups,
personal webpages, photo albums and other message or communication facilities
designed to enable you to communicate with others (collectively, "Communications
Venues"). All Materials provided by Bullpen are referred to collectively as
"Bullpen Materials". All user-supplied Materials are referred to collectively as
"User Materials". Certain Services may involve collaboration and file-sharing
services among a specified group. Materials posted by users in such group in
conjunction with such collaboration and file-sharing Services are referred to
collectively as "Shared Content". The group of persons among which such
collaboration and file sharing involving Shared Content takes place is referred
to herein as the "Work Group". All User Materials that are not Shared Content
shall be referred to herein as "User Content". Bullpen Materials and User
Materials may have different restrictions and conditions associated with them
under the Terms of Use and other guidelines and rules posted via the
Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and Services, as well as their selection and arrangement,
are protected by copyrights, trademarks, patents, trade secrets and all other
intellectual property and proprietary rights (collectively, "Intellectual
Property Rights"), and any unauthorized use of the Materials or Services may
violate such laws and the Terms of Use. Except as expressly provided herein,
Bullpen 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, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sublicense or reverse
engineer the Site, Materials or Services, any portions of the Site, Materials or
Services or the selection and arrangement of the Site, Materials or Services,
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, Services or Materials. The trademarks, logos and service marks ("Marks") displayed on this Site
are the property of Bullpen Marketing, LLC or other third parties. You are not
permitted to use the Marks without the prior written consent of Bullpen
Marketing, LLC or such third party that may own the Marks. Bullpen and the
Bullpen logo are trademarks of Bullpen Marketing,
LLC. For a current list of Bullpen's Marks, please contact Bullpen Marketing
LLC at info@metroflexgymtraining.com.
USE OF SITE AND SERVICES You shall pay all costs and charges, including phone charges and
telecommunications equipment costs, that you incur in order to access or use the
Site, Services and Materials. You must adhere to all limitations on
dissemination, usage and reproduction of any Materials that you download from
the Site that are subject to such limitations. You agree to use the Services
only to access, download, utilize, post, send or receive Materials in an
appropriate manner as related to the particular Materials or Services being
accessed or used by you. As some examples of improper activities when accessing
or using the Site, Services or Materials, you agree that you shall not:
When using Services or Materials, you will be subject to any posted
guidelines, rules or licenses applicable to such Services or Materials, in
addition to the Terms of Use. Materials and Services provided by third parties
(collectively, the "Third-Party Services") are governed by separate agreements
accompanying such Materials and Services. Bullpen offers no guarantees and
assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility
between a Third-Party Service, Bullpen Materials, Bullpen provided Services or
another Third-Party Service. You agree that you will not hold Bullpen
responsible or liable with respect to the Third-Party Services.
Certain Services and Materials will only be made available to users who
have paid Bullpen a fee for such Services and Materials. Such users may
additionally be required to enter into a subscription agreement or other use
agreement for that particular Service or Material. In addition to these Terms of
Use, users of any Services that include Communications Venues may be required,
in Bullpen’s sole discretion, to agree to a separate legal agreement on the Site
or otherwise. Your access to such Communications Venues will be denied for
violation of either the Terms of Use or the applicable agreement.
Bullpen, in its sole discretion, may (but has no obligation to) monitor
or review the Materials and Services at any time. Bullpen may at any time
without notice and in its sole discretion: (a) terminate a Service, access to or
use of any Materials or an area of the Site where Materials are posted or
submitted; and (b) disclose any information related to your use of a Service or
Material, or the substance of any of your posted or submitted Materials, as
Bullpen deems necessary to comply with applicable law, regulation, legal process
or governmental request. You agree to use extra care when disclosing any
personally identifiable information about yourself or your children in any
Services or when you post or otherwise submit any
Materials. If you are required to establish an account in connection with a
particular Service or Material, you must complete the designated registration
process for such Service or Material. All required registration information that
you provide must be current, complete and accurate and kept up to date on a
prompt, timely basis. If required, you must also choose a user name and password
for such account. It is your sole responsibility to keep your account number,
user name, password and other sensitive information confidential. If you become
aware of any unauthorized use of your account or any other breach of security,
you shall notify Bullpen immediately. If any Services or Materials provide
password-restricted access to your sensitive information (including customer
lists and contractual terms), then by accessing or using this Site and setting
up a password-restricted account for such Services or Materials, you consent to
Bullpen’s display of such information via such Services or Materials and accept
all risks of unauthorized access to such information.
USE OF SOFTWARE Materials
encompassing any software code, including programs, tools, utilities, files and
otherwise, and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of Bullpen or
its suppliers. Use of such Software is governed by the terms of the license
agreement that accompanies or is included with the Software, or by the license
agreement expressly stated on the Site page(s) accompanying the Software. Some
license terms are available and
are incorporated herein by this reference. However, other terms and licenses may
only be posted with the Software downloads or at the Site page where the
Software can be accessed. You will not be able to use, download or install any
Software that is accompanied by or includes a license agreement unless you agree
to the terms of such license agreement. Absent a license agreement that
accompanies the Software, use of the Software will be governed by the Terms of
Use. You agree that you will not decompile, reverse engineer or otherwise
attempt to discover the source code of the Software. The Software is made
available solely in accordance with the license agreement. Without limiting the
foregoing, unless the accompanying license agreement expressly allows otherwise,
any copying or redistribution of the Software is prohibited, including any
copying or reproduction of the Software to any other server or location for
further reproduction, redistribution or use on a service bureau basis. Any
unauthorized use, copying or distribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Any Software which is downloaded from or made available via the Site for
or on behalf of the
USE OF MATERIALS AND USER CONTENT Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the Bullpen Materials and User Content available on this
Site subject to the following conditions:
Use
of the Bullpen Materials or User Content for any other purpose is expressly
prohibited and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. The rights specified above to view, download and print the Bullpen
Materials and User Content available on this Site are not applicable to the
design, layout or look and feel of this Site. Such elements of the Site are
protected by law, including trade dress, trademark, unfair competition and other
laws, and may not be copied or imitated in whole or in part. No Mark, graphic,
sound or image from the Site may be copied or retransmitted unless expressly
permitted by Bullpen. In addition, various sections of the Site may showcase the
work of creative professionals. Such Materials (whether Bullpen Materials or
User Content) belong to their creators, may be protected by Intellectual
Property Rights and are for display purposes only. Accordingly, you may not
download or print these works unless there is a notice associated with the work
expressly permitting such uses.
SUBMITTED MATERIALS All of your User Materials that you post on or otherwise submit via the
Site and Services shall not be confidential information or trade secrets owned
by you or any other party. You will receive no compensation for any use of your
User Materials. Bullpen may, but is not required to, post or use any of your
User Materials that you may post or otherwise submit. Bullpen does not
pre-screen User Materials that users provide or otherwise submit via the Site or
Services; however, Bullpen may remove any posted or submitted User Materials
from the Site or any Service for any reason without notice in its sole
discretion. By posting or submitting your User Materials, you represent and
warrant that you own or otherwise control all of the Intellectual Property
Rights and other rights to your User Materials as described in these Terms of
Use, including all the rights necessary for you to post or submit your User
Materials. In addition, by posting or otherwise submitting your User Materials that
contain images, photographs, pictures, videos, webcasts or that are otherwise
graphical in whole or in part ("Images"), you represent and warrant that: (a)
you own the copyright in such Images, or that you have obtained all necessary
license(s) from the copyright owner(s) of such Images to use such Images, or
portions thereof, in keeping with your use in connection with the Site, the
Services and as otherwise permitted by these Terms of Use; (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use; and (c) you have received consent from any and all persons depicted in
such Images to use the Images as set forth in these Terms of Use, including the
distribution, public display, public performance and reproduction of such
Images. By posting or otherwise submitting Images, you grant to Bullpen and all
other users of this Site permission to use your Images in connection with their
use permitted by these Terms of Use (including making prints and gift items
incorporating such Images), including an unrestricted, irrevocable,
non-exclusive, worldwide, royalty-free and fully paid up license under all
Intellectual Property Rights to copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate, transmit and reformat your
Images, with or without having your name attached to such Images, in any manner
or form and for any purpose, with full rights to sublicense such rights through
multiple tiers of distribution. You will receive no compensation with respect to
the use of your Images. You are solely and entirely responsible for all of your User Materials
that you post or otherwise submit via the Site or Services. You shall assume all
risks associated with the use of your User Materials including any reliance on
the accuracy, completeness or usefulness of your User Materials. Bullpen does
not guarantee the accuracy, integrity or quality of your User Materials. You
acknowledge and agree that by accessing or using the Site or Services, you may
be exposed to User Materials from others that are offensive, indecent or
otherwise objectionable. Bullpen’S
RIGHTS TO SUBMITTED USER MATERIALS For all of your User Materials that you post or otherwise submit to the
Site, including (a) comments to Communications Venues, (b) feedback, (c) bug
reports, (d) piracy reports or (e) product suggestions, you grant Bullpen and
the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide,
royalty-free and fully paid up license under all Intellectual Property Rights to
use, reproduce, publicly display, publicly perform, copy, edit, modify,
translate, reformat, transmit and distribute such User Materials, with or
without having your name attached to such Images, in any manner or form and for
any purpose, with full rights to sublicense such rights through multiple tiers
of distribution, and you also acknowledge and agree that Bullpen is free to use
any ideas, concepts, know-how or techniques that you provide for any purpose
without any compensation to you. You acknowledge and agree that Bullpen shall
not be liable for any failure to store User Materials on the Site at any
time.
RESTRICTION AND TERMINATION OF USE Bullpen may block, restrict, disable, suspend or terminate your access to
all or part of the Site, Services and Materials at any time in Bullpen’s sole
discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES The Site, Services or Materials may include links that will take you to
other sites outside of the Site ("Linked Sites"). The Linked Sites are provided
by Bullpen to you as a convenience and the inclusion of the links do not imply
any endorsement by Bullpen of any Linked Site. Bullpen has no control of the
Linked Sites and you therefore acknowledge and agree that Bullpen is not
responsible for the contents of any Linked Site, any link contained in a Linked
Site or any changes or updates to a Linked Site. You further acknowledge and
agree that Bullpen is not responsible for any form of transmission (e.g.
web-casting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY BULLPEN UNDER THESE
TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, BULLPEN MAKES NO WARRANTY THAT (i) THE SITE,
SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY
SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS
WILL BE CORRECTED. THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BULLPEN MAY MAKE CHANGES TO THE
SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT
NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND BULLPEN MAKES
NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) BULLPEN DOES NOT CONTROL, ENDORSE, OR
ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES,
INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES;
(ii) BULLPEN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH
THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH
SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) BULLPEN SHALL NOT BE LIABLE OR
RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
BULLPEN DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES
AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND
ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION
IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT
AUTHORIZED BULLPEN SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT
THOSE OF BULLPEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULLPEN WILL HAVE NO
LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS,
LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BULLPEN ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF
ANY USER MATERIALS. THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BULLPEN ASSUMES NO
LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS
DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR
MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BULLPEN OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE. BULLPEN WILL NOT BE LIABLE FOR ANY
LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR
ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR
WITHOUT YOUR KNOWLEDGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS This Site can be accessed from countries around the world and may contain
references to Bullpen products, services and programs that are not available in
your country. These references do not imply that Bullpen intends to announce
such products, services or programs in your country. The Site is controlled,
operated and administered by Bullpen Marketing, LLC from its offices within the
PERSONAL INFORMATION AND PRIVACY Bullpen will use and protect your data, such as your name and address, in
accordance with the Bullpen Privacy Policy (click the link near the top of the
page), the contents of which are incorporated by reference into the Terms of
Use. Please be aware that your browser must be enabled to accept cookies in
order for you to use certain Materials and Services or to purchase from the
Bullpen online store.
LIMITATION OF LIABILITY IN NO EVENT SHALL BULLPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY
DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF BULLPEN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR
THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR
MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR
OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER
CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET
NOTIFICATION OF COPYRIGHT INFRINGEMENT Bullpen will, in appropriate circumstances, terminate the accounts of
users who infringe the Intellectual Property Rights of others. Bullpen will
investigate notices of copyright infringement and take appropriate actions under
the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site or in connection with the
Services or Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated Agent for this
Site (identified below), which must contain the following elements:
Bullpen’s Designated Agent for Notice of claims of copyright infringement
can be reached as follows:
By
mail:
By
telephone:
By
e-mail:
The
Designated Agent should be contacted only if you believe that your work has been
used or copied in a way that constitutes copyright infringement and such
infringement is occurring on the Site or on sites linked to from the Site or in
connection with the Services or Materials. All
other inquiries directed to the Designated Agent will not be responded to. Such
inquiries should be made through info@metroflexgymtraining.com.
UNSOLICITED IDEA SUBMISSION POLICY Unless a specific, written, and mutually agreed-upon contract is signed
by you & Bullpen Marketing LLC, any unsolicited ideas, including ideas for
advertising campaigns, promotions, products, technologies, processes, materials,
marketing plans or product names, that are sent to Bullpen for consideration via
this Site shall not be considered or accepted by Bullpen, nor deemed
confidential or proprietary information (including any original creative
artwork, samples, demos or other works presented in connection therewith). Unless a specific, written, and mutually
agreed-upon contract is signed by both parties
SPAM E-MAIL AND POSTINGS In the event of your or others’ access to or use of the Site, Services or
Materials in connection with the transmission of spam newsgroup postings or
unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree
that Bullpen would be irreparably harmed thereunder and that monetary damages
would be an insufficient and ineffective remedy; therefore you agree that
Bullpen is entitled to obtain immediate injunctive relief against any such
transmission (in addition to all other remedies available at law or in equity).
Bullpen may without restriction block, filter or delete unsolicited e-mail.
ADVERTISEMENTS AND PROMOTIONS Bullpen may run advertisements and promotions from third parties via the
Site, Services or Materials in any manner or mode and to any extent. Your
communications, activities, relationships and business dealings with any third
parties advertising or promoting via the Site, Services or Materials, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, shall
be solely matters between you and such third parties. You acknowledge and agree
that Bullpen is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence of
such non-Bullpen advertisers on the Site or in connection with the Services or
Materials.
INDEMNITY AND LIABILITY You agree to indemnify and hold Bullpen and Metroflex and their officers,
co-branders, other partners and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of: (a) your User Materials and any other content (e.g. computer viruses)
that you may submit, post to or transmit through the Site (including a third
party’s use of such User Materials or content (e.g. reliance on the accuracy,
completeness or usefulness of your User Materials)); (b) your access to or use
of the Site, Services or Materials (including any use by your employees,
contractors or agents and all uses of your account numbers, user names and
passwords, whether or not actually or expressly authorized by you, in connection
with the Site or any Services or Materials); (c) your connection to the Site,
Services or Materials; (d) your violation of the Terms of Use; (e) the actions
of any member of your Work Group; (f) your infringement of any third party’s
Intellectual Property Rights when using any of the Software made available on
the Site, Services or in any Materials; (g) your violation of any rights of any
third party; (h) your access to or use of Linked Sites and your connections
thereto; or (i) any dealings between you and any third parties advertising or
promoting via the Site, Services or Materials.
GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by Bullpen Marketing,
LLC from its offices within the state of
Adjudication of Disputes, Forum:
Waiver of Right to Jury Trial. In
the event that any dispute arises between you and Bullpen whether under the
terms hereof or as a result of any action taken by Bullpen or you as a result or
consequence of your use of Bullpen’s or Metroflex’s website or any documents or
materials you downloaded, viewed or referred to on the this website, or by
reason of any communication, request for information or other contact between
you or a representative of yours and Bullpen or any representative of the
Bullpen, you and Bullpen expressly agree to waive and hereby waive any rights we
each may have to a trial by jury of any and all issues arising in any action or
proceeding between you and Bullpen or our respective successors,
representatives, assigns, or heirs. In
addition, any claim, dispute, or controversy (“claim”) by you or Bullpen against
the other shall be resolved in an appropriate court of law located in
LANGUAGE It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English.
GENERAL The Terms of Use and other rules, guidelines, licenses and disclaimers
posted via the Site or in connection with the Materials and Services constitute
the entire agreement between Bullpen and you with respect to your access to or
use of the Site, Materials and Services superseding any prior agreements between
you and Bullpen on such subject matter (including any prior versions of the
Terms of Use). Notwithstanding the foregoing, to the extent that any terms set
forth in the Terms of Use expressly contradict any terms of a written agreement
between you and Bullpen or Metroflex regarding the use of specific Services or
Materials (including Service-specific terms of use and Software-specific
licenses) ("Executed Agreement"), such contradictory terms set forth in the
Executed Agreement shall govern. You may also be subject to additional terms and
conditions that may apply when you use other Bullpen services, third party
content or third party software. You may not assign or otherwise transfer the
Terms of Use nor any right granted hereunder without Bullpen’s prior written
consent. If for any reason a court of competent jurisdiction finds any provision
of the 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 Bullpen to enforce
or exercise any provision of the Terms of Use or related right shall not
constitute a waiver of that right or provision. The section titles used in the
Terms of Use are purely for convenience and carry with them no legal or
contractual effect.
YOU ALSO AGREE TO ABIDE BY THE PRIVACY & ANTI-SPAM POLICIES AS WELL AS THE DISCLAIMER. CLICK HERE FOR THE PRIVACY & ANTI-SPAM POLICIES
Get The Hardcore Body Building Weight Training Plan Here
|