Welcome to the Max Muscle website and mobile commerce application. Use of the Site and/or mobile application indicates your binding acceptance of the Terms, including any modifications made to the Terms.
Read the Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site or the mobile application.
Description & Purpose
The www.maxmusclerockymountain.com Site and MyMaxMuscle and Max Muscle Colorado mobile application provides information regarding sports nutrition products.
The Site and mobile application are designed for Max Muscle customers and users.
Acceptance of the Terms
Max Muscle is pleased to provide the information and Services on the Site and mobile application conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site and mobile application. You can review the most current version of the Terms at any time by clicking on the terms-of-service link < http://maxmusclerockymountain.com/terms-of-service> from any page on the Site or by clicking on Terms of Service within the mobile application. We hope that you will find the information provided on the Site and in the mobile application informative and useful.
Max Muscle has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Services;
(2) restrict or terminate your access to all or any part of the Site or the Services; or
(3) refuse, move or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site and Mobile Application
Max Muscle is providing you with the information and functionality in the Site and the mobile application. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. The Site and mobile application are available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site and mobile application. If you do not qualify, please do not use the Site or the mobile application. Max Muscle reserves the right to deny access and/or registration to the Site and/or the mobile application to anyone at any time in its sole and absolute discretion.
In consideration of your use of the Services and/or access to the Site and mobile application, you agree to be subject to certain obligations. The Site and mobile application contains areas that allow for user interaction, including social media platforms, bulletin board services, chat areas, forums or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site and/or the mobile application. You agree to post only messages, comments or other information that are proper, lawful and related to the particular Interactive Area. In addition, but without limitation, you may not use your account (or allow anyone else to use your account) to post or transmit:
1. Content that is abusive, profane, foul, vulgar, obscene, indecent, hateful, false, fraudulent, misleading, deceptive, embarrassing, harassing or that discloses private or personal matters concerning any person. This includes language, information or images.
2. Content that is libelous, tortious, harmful, threatening, defamatory or abusive.
3. Rants, slams or legal threats against Max Muscle or another company or competitor or any of their respective products or services.
4. Bigoted or racially or ethnically offensive comments.
5. Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of any impermissible classification.
6. Political statements or commentary.
7. Information about competitor programs, products or their prices or content related to trade or resale of products (whether related to products of a competitor or Max Muscle ).
8. Any material that you don't have the right to transmit under law (such as material that infringes another's intellectual property rights or proprietary rights including copyrighted materials or trade secrets) or under contractual or fiduciary relationships (such as nondisclosure agreements).
9. Language that constitutes or promotes illegal activity or conduct that could give rise to civil liability, encourages others to take part in criminal conduct or conduct that could give rise to civil liability or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
10. Advertising, promotional materials, contests, surveys or other forms of solicitation including chain letters, pyramid schemes, reference to class action suits, online auctions or charitable appeals. This includes advertising links in signatures or signature blocks.
11. Web addresses (known as “URLs”). This includes web addresses in signatures or signature blocks; though non-commercial URLs may be posted in user profiles.
12. Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage or adversely affect the operation of someone else's computer, the Site or any software, hardware or other related equipment.
13. Any material or information intended to assist in the placement of a bet or wager.
14. Duplicate posts, junk mail, spam messages or posts repeated excessively on one or more boards.
15. Messages designed to evade profanity or other filters.
16. Personal phone numbers or addresses (to protect privacy).
17. Hyperlinks that lead to sites that violate any of the forum guidelines.
The Site and Mobile Application Do Not Provide Advice
The Site and mobile application do not provide advice of any kind, content is provided for your information only. The Site and mobile application are not intended to be a substitute for professional information from other third party florists or service providers.
User Profile Information
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar, inflammatory or otherwise offensive or that we reject for any other reason, in our sole discretion.
In consideration of your use of the Site and mobile application, you agree that all information provided in your profile is accurate, true, current and complete. Max Muscle may immediately terminate your account(s) if any of the information associated with the account(s) is found to be inaccurate, false, out of date or incomplete.
You agree and acknowledge that you will not allow others to utilize your account(s) and that you are fully responsible for all statements made and acts that occur through, your account(s). You agree to: (i) immediately notify Max Muscle of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's account or password on the Site or the mobile application or attempt to gain access to the account(s) of other members. Max Muscle cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
If your password(s) or account information is compromised, or if you become aware of any unauthorized use of your account(s) or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to support@Max Muscleonline.com
Max Muscle reserves the right to modify these Terms at any time, effective upon posting of the modified Terms on the Site.
Limitation of Liability
Under no circumstances shall Max Muscle be liable to you or any other person for:
• the contents of any communication, message or information posted by you or other third parties;
• the content of any website not controlled, owned or operated by Max Muscle that is accessed from or linked to this Site or mobile application;
• the content, services or information provided by any website purporting to be operated by or associated with, Max Muscle or its affiliates, but not actually affiliated with, controlled, owned or operated by Max Muscle;
• any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure; and
If you are dissatisfied with any portion of the Site or mobile application, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and/or mobile application.
You acknowledge and agree that content contained in the Site and mobile application or information presented to you through the Site and mobile application may be protected by copyright, trademark or patent law or other proprietary rights and laws. Except as expressly authorized by Max Muscle or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site and mobile application, in whole or in part. You may not reverse engineer, decompile or disassemble the Site or mobile application or their underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site and mobile application owned by Max Muscle are the copyright of Max Muscle. All rights reserved. You agree that all of Max Muscle trademarks, trade names, service marks, logos and service names are the property of Max Muscle (the "Max Muscle Marks"). You agree not to display or use in any manner the Max Muscle Marks, without the express prior permission of Max Muscle.
No Reproduction or Resale
You agree not to reproduce, duplicate, distribute, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or mobile application, use of the Site and/or mobile application, or access to the Site and/or mobile application.
You agree to indemnify, hold harmless and defend Max Muscle, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) these Terms; (b) your use of, or connection with, the Site and mobile application, including any data or work transmitted or received by you; (c) your infringement of any intellectual property or other right of any other person or entity and (d) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
Max Muscle does not assume responsibility to you or others for any failure by Max Muscle to enforce the provisions contained in the Terms.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE AND MOBILE APPLICATION ARE AT YOUR SOLE RISK. THE SITE AND THE MOBILE APPLICATION AND THE INFORMATION AND MATERIALS ON THE SITE AND MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR REFERENCE ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, STATEMENTS, REPRESENTATIONS, SERVICES AND OTHER INFORMATION PROVIDED THROUGH THE SITE AND MOBILE APPLICATION. WITH RESPECT TO THE SITE AND THE MOBILE APPLICATION AND THE INFORMATION AND MATERIALS ON THE SITE AND MOBILE APPLICATION, MAX MUSCLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS or OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE or DISRUPTION and THEREFORE MAX MUSCLE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. MAX MUSCLE MAKES NO WARRANTY THAT (i) THE SITE AND MOBILE APPLICATION AND INFORMATION AND MATERIALS THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND MOBILE APPLICATION OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE or AVAILABLE, (iv) ANY ERRORS IN THE SITE OR MOBILE APPLICATION OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED and (v) THE SITE AND MOBILE APPLICATION AND ITS CONTENTS AND SERVERS THAT MAKES THE SITE AND MOBILE APPLICATION AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND MOBILE APPLICATION ARE DONE AT YOUR OWN DISCRETION AND 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 MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAX MUSCLE OR THROUGH OR FROM THE SITE AND MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.