TERMS & CONDITIONS | USE AGREEMENT
Terms of Service
This site (the “Site) is intended for your personal entertainment, information, education and communication and is operated by Tim Panetta and his web service provider, collectively referred to as tpstrength.com (tp strength) or TP Total Performance. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with all of the following Terms of Service, please do not use this Site. tpstrength.com reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
Use of Materials Contained on this Site
The Site contains material that is derived in whole or in part from material supplied by tpstrength.com and other sources, and is protected by U.S. and international copyright and trademarks laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software of data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in anyway or decompiled, reverse engineered or disassembled. Modification of the Materials or use of the Materials for any other purpose is a violation of tpstrength.com’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without timpanetta.com’s express written consent is prohibited.
Bulletin Boards, Chat Rooms, Postings
The Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Bulletin Boards”). tpstrength.com does not control the material delivered to Bulletin Boards, and tpstrength.com has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of tpstrength.com. In no event shall tpstrength.com assume or have any responsibility or liability for any materials posted on bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. tpstrength.com reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, tpstrength.com reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in tpstrength.com’s sole discretion are objectionable or in violation of these Terms of Service. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting tpstrength.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1) Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; 2) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Rules of Conduct
It is a condition of your use of the Bulletin Boards and this Site that you do not:
Use any element pertaining to the Site for any illegal purposes (or to solicit any illegal act); Restrict or inhibit any other user from using and enjoying the Bulletin Boards; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; Post any message that solicits gambling or engage in any gambling activity; Transmit or upload any information, software or other material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Transmit or upload any information, software or other material which contains viruses, time bobs, Trojans horses, cancel bots, worms or other harmful or deleterious components or devices; post any defamatory, libelous, hateful, or harassing messages, information or material; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing. Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes. Try to gain unauthorized access to the Services, other users’ accounts, or computers connected to the Services though password mining or other means. Interfere with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services.
Hyperlinks to Third Party Sites
The appearance of external hyperlinks does not constitute endorsement by tpstrength.com, its subsidiaries and affiliates of the opinions or view expressed by these linked web sites and tpstrength.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained on this site. Furthermore, tpstrength.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither tpstrength.com nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained form the use of such information contained in these sites. To the extent that this site collects personal information or posting form the end user, be advised that in no event shall tpstrength.com assume or have any responsibility or liability for the manner in which such information or posting are exploited or for any claims, damages, or losses resulting from their use and/or appearance on this site. Finally, tpstrength.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within this site.
All the information presented on the tpstrength.com is for educational and resource purposes only. It is there to help you make informed decisions about health related fitness issues. It is NOT a substitute for any advice given to you by your physician. Always consult your physician or health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in this web site is at the sole choice and risk of the reader. We try our best to make sure that the information which we provide you is accurate. The articles on our site are for information purposes only and we are NOT LIABLE for any losses or damages which may occur through your use of any information or products which you obtain through this website or any of our affiliated websites. Please understand that you are solely responsible for the way you perceive and utilize information on the tpstrength.com web site and you do so at your own risk. In no way will timpanetta.com or any persons associated with tpstrength.com be held responsible for any injuries or problems that may occur due to the use of this website or the advice contained within. tpstrength.com will not be held responsible for the conduct of any companies and/or web sites recommended within this site.
Termination of the Service
tpstrength.com may terminate the Site or any services included on or through the Site at any time with or without cause or notice. tpstrength.com shall not be liable to any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. IN NO EVENT SHALL tpstrength.com, AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYESS OR THER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES REALTED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
Your receipt of an electronic or other form of order confirmation does not signify tpstrength.com’s acceptance of your order, nor does it constitute confirmation of tpstrength.com’s offer to sell. tpstrength.com reserves the right at any time after receipt of your order to accept or decline your order for any reason.
You agree to indemnify, defend and hold harmless, tpstrength.com and its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. tpstrength.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with timpanetta.com in asserting any available defenses.
Limitation of Liability/Disclaimer
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER tpstrength.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OF PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You specifically acknowledge and agree that tpstrength.com is not liable for any defamatory, offensive or illegal conduct of any user. tpstrength.com also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site. tpstrength.com does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable. tpstrength.com makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
REFUND AND EXCHANGE POLICY
tpstrength.com has no refund or exchange policy pertaining to this Site. Anyone who participates in this Site does so at his or her own financial risk.
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