Notice 2257

TERMS AND CONDITIONS

AGREEMENT BETWEEN CUSTOMER AND MUSCLEGODDESS MEDIA

This Website is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using this Website, you agree to the following terms and conditions of use. Please read the terms and conditions, and if you do not agree with them please do not use the Website. We reserve the right to change the terms, conditions, and notices under which this Website is offered.

DISCLAIMER

The services, materials, and information you find on the Website are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the Website and any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, expectation of privacy or noninfringement.

In no event shall MUSCLEGODDESS MEDIA or any third party provider be liable for any injury, loss, claim, damage, or any special, punitive, incidental or consequential damages of any kind (including, but not limited to, lost profits, business, or savings), whether based in contract, tort, strict liability or otherwise, which arises out of or is in any way connected with:

(1) any use of this site or content found herein,

(2) purchase of any product or service found herein,

(3) any failure or delay (including, but not limited to, the use of or inability to use any component of this site) or interruption of use or corruption of data,

(4) the performance or non performance by MUSCLEGODDESS MEDIA or any third party provider, or

(5) any matter beyond MUSCLEGODDESS MEDIA's (or its licensees' or licensors') reasonable control, even if such party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Any data provided by partners or vendors selling services on this Website, or any service provided herewith is also disclaimed. MUSCLEGODDESS MEDIA does not warrant that code, content, files, access or any combination of the above are free of errors, viruses or corruptions. Even if MUSCLEGODDESS MEDIA has been informed of the possibility of such damages, in no event shall the aggregate liability of MUSCLEGODDESS MEDIA exceed the total charges accrued in connection with utilizing this Website.

Each service provider may have its own separate terms and conditions that will apply to your purchase of goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all federal, state, and local laws, rules and restrictions regarding products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website. MUSCLEGODDESS MEDIA has not and cannot evaluate whether the goods and services you select are appropriate for you. You agree that you are the sole evaluator and selector of said services and have done so at your own risk.

USE OF OUR SITE

This Website is for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. MUSCLEGODDESS MEDIA Website is provided solely for entertainment, and to assist customers in determining the availability and cost associated with products, and to aid the customer in their purchase, and for no other purposes. You warrant that you are at least 21 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Website (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Website under your name or account. You also warrant that all information supplied by you or members of your household in using this Website is true and accurate.

As a condition of your use of this Website, you warrant to MUSCLEGODDESS MEDIA that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Likewise, anything a user sends to MUSCLEGODDESS MEDIA, including but not limited to, e-mails, will be the sole property of MUSCLEGODDESS MEDIA, and is transmitted at the sole risk of the user. Such material will be used at the discretion of MUSCLEGODDESS MEDIA in any way it sees fit. MUSCLEGODDESS MEDIA will assume no liability for interception of such transmissions.

COPYRIGHT AND NOTICES

All contents of this Website are: Copyright (c) 2001 - 2007 MUSCLEGODDESS MEDIA of Alameda, CA. All domestic and international rights reserved. MUSCLEGODDESS MEDIA owns or licenses the content, graphics, sound, artwork, and computer code for this Website (the "Content"). The Content of the Website pages, including, but not limited to, text, graphics, and icons, are copyrighted materials owned or controlled by MUSCLEGODDESS MEDIA and contain MUSCLEGODDESS MEDIA (and its licensees' and licensors') name, trademarks, service marks, and trade names. You may download one temporary copy of these materials on any single computer and print one copy of the materials for your use in learning about, evaluating, or acquiring services or products. No other permission is granted to you to print, copy, reproduce, disassemble, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted to use MUSCLEGODDESS MEDIA icons, site address, or other means to hyperlink to other Internet sites with any page in the Website, and MUSCLEGODDESS MEDIA assumes no responsibility for any other party's site hyperlinked to the Website or in which any part of the Website has been hyperlinked. MUSCLEGODDESS MEDIA may make improvements and/or changes in the products and/or programs described in the Website without liability.

OTHER INFORMATION

This Website may contain hyperlinks to Websites operated by parties other than MUSCLEGODDESS MEDIA. Such hyperlinks are provided for your reference only. MUSCLEGODDESS MEDIA does not control such Websites and is not responsible for their contents. MUSCLEGODDESS MEDIA's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.

This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Sonoma County, California, U.S.A., in all disputes arising out of or relating to the use of this Website. 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.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MUSCLEGODDESS MEDIA as a result of this agreement or use of this Website.

MUSCLEGODDESS MEDIA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MUSCLEGODDESS MEDIA's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by MUSCLEGODDESS MEDIA with respect to such use.

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 the customer and MUSCLEGODDESS MEDIA with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MUSCLEGODDESS MEDIA with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall 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.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.