Date
Effective:
September,
2020, as
amended
December,
2020
General
We reserve
the right to
change these
Terms of
Service or
to impose
new
conditions
on use of
the Site,
from
time to
time, in
which case
we will
post the
revised
Terms of
Service on
this
website. By
continuing
to use
the Site
after we
post any
such
changes, you
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Terms of
Service, as
modified.
Intellectual
Property
Rights
Our
Limited
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to
You.
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licensors,
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and other
intellectual
property
laws. The
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your
personal
noncommercial
use. You may
not use
the Site or
the
materials
available
on the Site
in a manner
that
constitutes
an
infringement
of our
rights or
that has not
been
authorized
by us. More
specifically,
unless
explicitly
authorized
in
these Terms
of Service
or by the
owner of the
materials,
you may not
modify,
copy,
reproduce,
republish,
upload,
post,
transmit,
translate,
sell, create
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works,
exploit, or
distribute
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or medium
(including
by email or
other
electronic
means) any
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from the
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however,
from time to
time,
download
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print one
copy of
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Your
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to
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By posting
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any material
(including,
without
limitation,
comments,
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entries,
Facebook
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photos and
videos) to
us
via the
Site,
internet
groups,
social media
venues, or
to any of
our staff
via email,
text or
otherwise,
you are
representing:
(i)
that you are
the owner of
the
material, or
are making
your posting
or
submission
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express
consent of
the owner of
the
material;
and (ii)
that you are
thirteen
years of age
or older. In
addition,
when you
submit,
email,
text or
deliver or
post any
material,
you are
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and
anyone
authorized
by us, a
royalty-free,
perpetual,
irrevocable,
non-exclusive,
unrestricted,
worldwide
license to
use, copy,
modify,
transmit,
sell,
exploit,
create
derivative
works
from,
distribute,
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publicly
perform or
display such
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whole or in
part, in any
manner or
medium, now
known or
hereafter
developed,
for any
purpose. The
foregoing
grant shall
include the
right to
exploit any
proprietary
rights in
such posting
or
submission,
including,
but not
limited to,
rights under
copyright,
trademark,
service mark
or patent
laws under
any relevant
jurisdiction.
Also, in
connection
with the
exercise of
such rights,
you grant
us, and
anyone
authorized
by us, the
right to
identify you
as
the author
of any of
your
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or
submissions
by name,
email
address or
screen name,
as we deem
appropriate.
You
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that any
contributions
originally
created by
you for us
shall be
deemed a
“work
made for
hire” when
the work
performed is
within the
scope of the
definition
of a work
made for
hire
in Section
101 of the
United
States
Copyright
Law, as
amended. As
such,
the
copyrights
in those
works shall
belong to
COMPANY from
their
creation.
Thus,
COMPANY
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author and
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thereof and
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right to
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or all of
the
results and
proceeds in
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media, now
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hereafter
devised,
throughout
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in all
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In the event
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and proceeds
of your
submissions
hereunder
are
not deemed a
“work made
for hire”
under
Section 101
of the
Copyright
Act, as
amended, you
hereby,
without
additional
compensation,
irrevocably
assign,
convey and
transfer to
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proprietary
rights,
including
without
limitation,
all
copyrights
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trademarks
throughout
the
universe, in
perpetuity
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known or
hereafter
devised, to
such
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and any and
all right,
title and
interest in
and to all
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proprietary
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medium,
whether now
known or
hereafter
devised,
throughout
the
universe, in
perpetuity.
Any posted
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which are
reproductions
of prior
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that COMPANY
has the
right but
not the
obligation
to use
and display
any postings
or
contributions
of any kind
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COMPANY may
elect to
cease the
use
and display
of any such
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(or any
portion
thereof), at
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time for any
reason
whatsoever.
Limitations
on
Linking
and
Framing.
You may
establish a
hypertext
link to the
Site so long
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state or
imply
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sponsorship
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Site.
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other
service any
of our
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Disclaimers
Throughout
the Site, we
may provide
links and
pointers to
Internet
sites
maintained
by third
parties. Our
linking to
such
third-party
sites
does not
imply an
endorsement
or
sponsorship
of such
sites, or
the
information,
products or
services
offered on
or through
the sites.
In
addition,
neither we
nor
affiliates
operate or
control in
any respect
any
information,
products or
services
that third
parties may
provide on
or through
the Site or
on
websites
linked to by
us on the
Site.
If
applicable,
any
opinions,
advice,
statements,
services,
offers, or
other
information
or content
expressed or
made
available by
third
parties,
including
information
providers,
are those of
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respective
authors or
distributors,
and not
COMPANY.
Neither
COMPANY nor
any
third-party
provider of
information
guarantees
the
accuracy,
completeness,
or
usefulness
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Furthermore,
COMPANY
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endorses nor
is
responsible
for the
accuracy and
reliability
of
any opinion,
advice, or
statement
made on any
of the Sites
by anyone
other than
an
authorized
COMPANY
representative
while acting
in
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official
capacity.
THE
INFORMATION,
PRODUCTS AND
SERVICES
OFFERED ON
OR THROUGH
THE
SITE AND BY
COMPANY AND
ANY
THIRD-PARTY
SITES ARE
PROVIDED “AS
IS” AND
WITHOUT
WARRANTIES
OF ANY
KIND EITHER
EXPRESS OR
IMPLIED. TO
THE FULLEST
EXTENT
PERMISSIBLE
PURSUANT TO
APPLICABLE
LAW, WE
DISCLAIM ALL
WARRANTIES,
EXPRESS OR
IMPLIED,
INCLUDING,
BUT NOT
LIMITED
TO, IMPLIED
WARRANTIES
OF
MERCHANTABILITY
AND FITNESS
FOR A
PARTICULAR
PURPOSE. WE
DO NOT
WARRANT THAT
THE SITE OR
ANY OF ITS
FUNCTIONS
WILL BE
UNINTERRUPTED
OR
ERROR-FREE,
THAT DEFECTS
WILL BE
CORRECTED,
OR THAT ANY
PART OF THIS
SITE,
INCLUDING
BULLETIN
BOARDS, OR
THE SERVERS
THAT MAKE IT
AVAILABLE,
ARE FREE OF
VIRUSES OR
OTHER
HARMFUL
COMPONENTS.
WE DO NOT
WARRANT OR
MAKE ANY
REPRESENTATIONS
REGARDING
THE USE OR
THE RESULTS
OF THE USE
OF THE SITE
OR MATERIALS
ON THIS SITE
OR ON
THIRD-PARTY
SITES IN
TERMS OF
THEIR
CORRECTNESS,
ACCURACY,
TIMELINESS,
RELIABILITY
OR
OTHERWISE.
The messaging
regarding
Fabian
Petrina
recounts his
personal
fitness
journey. It
is
substantially
based upon
his own life
story.
Certain
creative
license is
used to
make his
story
entertaining;
to
integrate
scientific
principles;
and, to
explain the
“Density
Stacking”
process. The
Basement
Beat
program
evolved from
Petrina’s
personal
experiences.
Your results
will depend
on your age,
fitness
level,
dedication,
diet,
lifestyle
and
attention to
the details
of the
program.
You agree at
all times to
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and hold
harmless
COMPANY
its
affiliates,
their
successors,
transferees,
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and
licensees
and their
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subsidiary
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officers,
directors,
shareholders
and
employees of
each
from and
against any
and all
claims,
causes of
action,
damages,
liabilities,
costs and
expenses,
including
legal fees
and
expenses,
arising out
of or
related to
your
breach of
any
obligation,
warranty,
representation
or covenant
set forth
herein.
Online
Commerce
Certain
sections of
the Site may
allow you to
purchase
many
different
types of
products and
services
online that
are provided
by third
parties. We
are not
responsible
for
the quality,
accuracy,
timeliness,
reliability
or any other
aspect of
these
products and
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you
make a
purchase
from a
merchant on
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on a site
linked to by
the Site,
the
information
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merchant’s
online store
or site, and
the
information
that you
give as part
of
the
transaction,
such as your
credit
card number
and contact
information,
may be
collected by
both the
merchant and
us. A
merchant may
have
privacy and
data
collection
practices
that are
different
from
ours. We
have no
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liability
for these
independent
policies. In
addition,
when you
purchase
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through the
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to
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terms and
conditions
that
specifically
apply to
your
purchase or
use of such
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services.
For more
information
regarding a
merchant,
its online
store, its
privacy
policies,
and/or
any
additional
terms and
conditions
that may
apply, visit
that
merchant’s
website and
click on its
information
links or
contact the
merchant
directly.
You release
us
and our
affiliates
from any
damages
that you
incur, and
agree not to
assert any
claims
against us
or
them,
arising from
your
purchase or
use of any
products or
services
made
available by
third
parties
through
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Your
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correspondence
or
business
dealings
with any
third
party found
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through our
Site,
regarding
payment and
delivery of
specific
goods and
services,
and any
other terms,
conditions,
representations
or
warranties
associated
with such
dealings,
are
solely
between you
and such
third
party. You
agree that
COMPANY
shall
not be
responsible
or liable
for any
loss,
damage, or
other
matters of
any sort
incurred as
the result
of
such
dealings.
You agree to
be
financially
responsible
for all
purchases
made
by you or
someone
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your
behalf
through the
Site. You
agree
to use the
Site and to
purchase
services or
products
through the
Site for
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only. You
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make any
purchases
for
speculative,
false or
fraudulent
purposes or
for
the purpose
of
anticipating
demand
for a
particular
product or
service.
You agree to
only
purchase
goods or
services for
yourself or
for another
person for
whom you are
legally
permitted to
do so. When
making a
purchase for
a third
party that
requires you
to submit
the third
party’s
personal
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to us
or a
merchant,
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express
consent of
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Interactive
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This Site may
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chat rooms,
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Responsibility
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bulletin
boards, web
logs,
chat rooms,
and other
public
posting
areas on the
Site, or
sent via any
email
services on
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lies
with each
user – you
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condition of
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Restrict
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inhibit
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enjoying
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Use the
Site to
impersonate
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person
or
entity,
or
falsely
state or
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person
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entity.
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Interfere
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servers
or
networks
used to
provide
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or its
features,
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regulations
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networks
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Use the
Site to
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encourage
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property
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Gain
unauthorized
access
to the
Site,
or any
account,
computer
system,
or
network
connected
to this
Site, by
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such as
hacking,
password
mining
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illicit
means.
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Obtain
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attempt
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obtain
any
materials
or
information
through
any
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intentionally
made
available
through
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Site.
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Use the
Site to
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transmit
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threatening,
abusive,
libelous,
defamatory,
obscene,
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pornographic,
profane
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information
of any
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including
without
limitation
any
transmissions
constituting
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encouraging
conduct
that
would
constitute
a
criminal
offense,
give
rise to
civil
liability
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state,
national
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international
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Use the
Site to
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transmit
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information,
software
or other
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violates
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infringes
upon the
rights
of
others,
including
material
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is an
invasion
of
privacy
or
publicity
rights
or that
is
protected
by
copyright,
trademark
or other
proprietary
right,
or
derivative
works
with
respect
thereto,
without
first
obtaining
permission
from the
owner or
rights
holder.
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Use the
Site to
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transmit
any
information,
software
or other
material
that
contains
a virus
or other
harmful
component.
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Use the
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transmit
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way
exploit
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software
or other
material
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advertising.
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Use the
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to
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Gather
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COMPANY may
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boards,
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boards,
groups,
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future.
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Message
boards,
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Information
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representation
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Under no
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reliance on
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COMPANY has
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obligation
whatsoever
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content or
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boards, chat
rooms or
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acknowledge
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absolute
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reserve the
right to
alter, edit,
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and to
disclose
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materials
and the
circumstances
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legal
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governmental
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identifiable
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You agree to
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future use
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portion
thereof).
Our use of
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Policy.
Passwords
To use
certain
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username and
password,
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will receive
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Site’s
registration
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confidentiality
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the password
and account,
and are
responsible
for all
activities
(whether by
you or by
others) that
occur under
your
password or
account. You
agree to
notify us
immediately
of any
unauthorized
use
of your
password or
account or
any
other breach
of security,
and to
ensure that
you exit
from your
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the end of
each
session.
We cannot
and will not
be liable
for
any loss or
damage
arising from
your
failure to
protect your
password or
account
information.
Limitation
of
Liability
UNDER NO
CIRCUMSTANCES,
INCLUDING,
BUT NOT
LIMITED TO,
NEGLIGENCE,
SHALL WE,
OUR
SUBSIDIARY
AND PARENT
COMPANIES OR
AFFILIATES
BE LIABLE
FOR ANY
DIRECT,
INDIRECT,
INCIDENTAL,
SPECIAL OR
CONSEQUENTIAL
DAMAGES THAT
RESULT FROM
THE USE OF,
OR THE
INABILITY TO
USE, THE
SITE,
INCLUDING
OUR
MESSAGING,
BLOGS,
COMMENTS OF
OTHERS,
BOOKS,
EMAILS,
PRODUCTS, OR
SERVICES, OR
THIRD-PARTY
MATERIALS,
PRODUCTS, OR
SERVICES
MADE
AVAILABLE
THROUGH THE
SITE OR BY
US IN ANY
WAY, EVEN IF
WE
ARE ADVISED
BEFOREHAND
OF THE
POSSIBILITY
OF SUCH
DAMAGES.
(BECAUSE
SOME STATES
DO NOT ALLOW
THE
EXCLUSION OR
LIMITATION
OF
CERTAIN
CATEGORIES
OF DAMAGES,
THE
ABOVE
LIMITATION
MAY NOT
APPLY TO
YOU. IN SUCH
STATES, OUR
LIABILITY
AND THE
LIABILITY OF
OUR
SUBSIDIARY
AND PARENT
COMPANIES OR
AFFILIATES
IS LIMITED
TO THE
FULLEST
EXTENT
PERMITTED BY
SUCH STATE
LAW.) YOU
SPECIFICALLY
ACKNOWLEDGE
AND AGREE
THAT WE ARE
NOT LIABLE
FOR ANY
DEFAMATORY,
OFFENSIVE OR
ILLEGAL
CONDUCT OF
ANY USER. IF
YOU ARE
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WITH THE
SITE, ANY
MATERIALS,
PRODUCTS, OR
SERVICES ON
THE SITE, OR
WITH ANY OF
THE SITE’S
TERMS AND
CONDITIONS,
YOUR SOLE
AND
EXCLUSIVE
REMEDY IS TO
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Date
Effective:
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2020, as
amended
December,
2020
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“Density
Stacking”
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Basement
Beat
program
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Your results
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holder.
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COMPANY may
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Information
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COMPANY’s
outside
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some of whom
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Under no
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Limitation
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Liability
UNDER NO
CIRCUMSTANCES,
INCLUDING,
BUT NOT
LIMITED TO,
NEGLIGENCE,
SHALL WE,
OUR
SUBSIDIARY
AND PARENT
COMPANIES OR
AFFILIATES
BE LIABLE
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INCIDENTAL,
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OUR
MESSAGING,
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EMAILS,
PRODUCTS, OR
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THIRD-PARTY
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SERVICES
MADE
AVAILABLE
THROUGH THE
SITE OR BY
US IN ANY
WAY, EVEN IF
WE
ARE ADVISED
BEFOREHAND
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(BECAUSE
SOME STATES
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EXCLUSION OR
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OF DAMAGES,
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ABOVE
LIMITATION
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YOU. IN SUCH
STATES, OUR
LIABILITY
AND THE
LIABILITY OF
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FULLEST
EXTENT
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CONDITIONS,
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AND
EXCLUSIVE
REMEDY IS TO
DISCONTINUE
USING THE
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PRODUCTS,
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AND/OR
MATERIALS.
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TO ITS
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RELY
ON THIS
INFORMATION
AS A
SUBSTITUTE
FOR, NOR
DOES IT
REPLACE,
PROFESSIONAL
MEDICAL
ADVICE,
DIAGNOSIS,
OR
TREATMENT.
IF YOU HAVE
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HEALTH, YOU
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DO NOT
DISREGARD,
AVOID OR
DELAY
OBTAINING
MEDICAL OR
HEALTH
RELATED
ADVICE
FROM YOUR
HEALTH-CARE
PROFESSIONAL
BECAUSE OF
SOMETHING
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READ ON THIS
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AGREEMENT,
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PSYCHIATRY,
PSYCHOLOGY,
PSYCHOTHERAPY,
OR
PROVIDING
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PROGNOSIS
OR ADVICE.
Termination
We may cancel
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notice. In
the event of
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The
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downloaded
from the
Site,
and the
disclaimers
and
limitations
of
liabilities
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Terms of
Service,
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Refund
Policy
Your purchase
of a product
or service
or ticket to
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Each
specific
product,
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Digital
Millennium
Copyright
Act
The Digital
Millennium
Copyright
Act
of 1998 (the
“DMCA”)
provides
recourse for
copyright
owners who
believe that
material
appearing on
the Internet
infringes
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under the
U.S.
copyright
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believe in
good faith
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COMPANY
infringe
your
copyright,
you, or your
agent may
send to
COMPANY a
notice
requesting
that the
material be
removed or
access to it
be blocked.
Any
notification
by a
copyright
owner or
a person
authorized
to act on
its
behalf that
fails to
comply with
requirements
of the DMCA
shall not
be
considered
sufficient
notice and
shall not be
deemed to
confer upon
COMPANY
actual
knowledge of
facts or
circumstances
from which
infringing
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acts are
evident. If
you
believe in
good faith
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notice
of copyright
infringement
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wrongly
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against you,
the DMCA
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to send to
COMPANY a
counter-notice.
All notices
and
counter
notices must
meet the
then
current
statutory
requirements
imposed by
the DMCA;
see
http://www.loc.gov/copyright
for
details.
COMPANY’s
Copyright
Agent
for notice
shall be
Assignment
This
Agreement
shall be
binding upon
and inure to
the benefit
of COMPANY
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respective
assigns,
successors,
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legal
representatives.
Neither this
Agreement
nor any
rights
hereunder
may be
assigned
without the
prior
written
consent of
COMPANY
Notwithstanding
the
foregoing,
all
rights and
obligations
under this
Agreement
may be
freely
assigned by
COMPANY to
any
affiliated
entity or
any of its
wholly owned
subsidiaries.
Dispute
Resolution
These Terms
of Use shall
be governed
by and
construed in
accordance
with
the laws of
the State of
Hawaii and
any dispute
shall be
subject to
binding
arbitration
in Honolulu,
Hawaii. If
any
provision of
this
agreement
shall be
unlawful,
void or
for any
reason
unenforceable,
then
that
provision
shall be
deemed
severable
from this
agreement
and
shall not
affect the
validity and
enforceability
of any
remaining
provisions.
Class
Action
Waiver
You may only
resolve
disputes
with us
on an
individual
basis, and
may not
bring a
claim as a
plaintiff or
a
class member
in a class,
consolidated,
or
representative
action.
Class
arbitrations,
class
actions,
private
attorney
general
actions, and
consolidation
with
other
arbitrations
aren’t
allowed.
The
arbitrator
may not
consolidate
more than
one person’s
claims, and
may not
otherwise
preside over
any
form of a
class or
representative
proceeding
or claims
(such as a
class
action,
consolidated
action or
private
attorney
general
action)
unless all
relevant
parties
specifically
agree to do
so
following
initiation
of the
arbitration.
Severability
If any clause
within these
Terms of
Service
(other than
the Class
Action
Waiver
clause
above) is
found to be
illegal or
unenforceable,
that
clause will
be severed
from these
Terms of
Service, and
the
remainder
of these
Terms of
Service will
be
given full
force and
effect. If
the
Class Action
Waiver
clause is
found
to be
illegal or
unenforceable,
this
entire
Provision
will be
unenforceable
and the
dispute will
be decided
by a court.