By using this site you agree to these terms…
1. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as medical or expert advice of ANY kind. MINDFUL MUSCLE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
2. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDFUL MUSCLE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. MINDFUL MUSCLE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MINDFUL MUSCLE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MINDFUL MUSCLE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
3. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MINDFUL MUSCLE, ITS EMPLOYEES, INTERNS, ADVISORS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MINDFUL MUSCLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MINDFUL MUSCLE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED.
UNDER NO CIRCUMSTANCES SHALL MINDFUL MUSCLE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILUR MINDFUL MUSCLE E IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
4. EXTERNAL LINKS
Mindful Muscle may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Mindful Muscle to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. Mindful Muscle has no control over such sites and resources. You acknowledge and agree that Mindful Muscle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mindful Muscle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Mindful Muscle Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mindful Muscle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Mindful Muscle makes no representations concerning any effort to review the content of any of the sites linked to Mindful Muscle. Mindful Muscle shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Mindful Muscle.
5. INDEMNITY AND RELEASE
By using Mindful Muscle web sites you agree to indemnify Mindful Muscle, and its parents, subsidiaries, affiliate, employees, interns, advisors and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of Mindful Muscle, your use of the WEBSITE, or your submission of ideas and/or related materials to Mindful Muscle. By using Mindful Muscle, using the WEBSITE, or submitting any ideas and/or related materials to Mindful Muscle, you are hereby agreeing to release Mindful Muscle and its parents, subsidiaries, affiliates, employees, interns, advisors and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to Mindful Muscle. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
6. FAIR USE
Mindful Muscle publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. Mindful Muscle transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
Mindful Muscle has no intention to compete with the original copyrighted content. Rather, it is Mindful Muscle’s intention to promote such content and deliver readers to such content. Accordingly, when Mindful Muscle cites a copyrighted work for commentary or criticism, Mindful Muscle acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which Mindful Muscle requests absolutely no payment or consideration.
7. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal issues arising from or related to the use of the WEBSITE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Washtenaw County, Michigan (USA) applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the WEBSITE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Washtenaw County, Michigan (USA), and judgment on the arbitration award may be entered into in any state or federal court in Washtenaw County, Michigan (USA) having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Washtenaw County, Michigan (USA) having jurisdiction thereof. Except as set forth above, the state and federal courts of Washtenaw County, Michigan (USA) shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the WEBSITE. By using the WEBSITE and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Washtenaw County, Michigan (USA) with respect to all such disputes.
8. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
Mindful Muscle reserves the right to modify the WEBSITE from time to time, for any reason, and without notice, including the right to terminate the WEBSITE. Mindful Muscle reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
9. COMMUNICATIONS WITH USERS
You consent to receive communications from Mindful Muscle concerning your use of the WEBSITE (“Communications”). The Communications may be those that Mindful Muscle is required to send to you by law concerning the WEBSITE (“Required Communications”). The Communications may also be those that Mindful Muscle sends to you for other reasons. You consent to receive Communications electronically. Mindful Muscle may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on Mindful Muscle. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which Mindful Muscle sends Communications by visiting your account information page.
10. SUBMISSIONS OF IDEAS
Mindful Muscle is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to Mindful Muscle, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MINDFUL MUSCLE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MINDFUL MUSCLE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MINDFUL MUSCLE THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MINDFUL MUSCLE IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MINDFUL MUSCLE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
11. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Mindful Muscle, Mindful Muscle reserves the right to pursue any and all legal and equitable remedies against you.
We hope your enjoyment of Mindful Muscle’ WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Mindful Muscle community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.
By using this website, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.