THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of TheMMAWarrior.com (the “Site”), owned and operated by KMT Marketing, LLC (“KMT”). By using the Site, you (the “User”) agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have elected to purchase services from the Site). The term “User” refers to a Visitor or a Member. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site immediately. If you wish to become a Member, communicate with other Members and make use of the Site, you must read this Agreement and indicate your acceptance during the Registration process.
The contents of the Site, such as text, graphics, images, information obtained from KMT’s licensors, and other material contained on the Site (“KMT Content”) are for informational purposes only. KMT Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE SITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE.
CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
USE OF CONTENT
KMT authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2010 KMT Marketing, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the KMT Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
KMT Content is protected by copyright under both United States and foreign laws. Title to the KMT Content remains with KMT or its licensors. Any use of the KMT Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. KMT Content and features are subject to change or termination without notice in the editorial discretion of KMT. All rights not expressly granted herein are reserved to KMT and its licensors.
If you violate any of these Terms and Conditions, your permission to use the KMT Content automatically terminates and you must immediately destroy any copies you have made of any portion of the KMT Content.
KMT may modify this Agreement from time to time and such modification shall be effective upon posting by KMT on the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Eligibility
Use of and Membership in the Site is void where prohibited. By using the Site, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the KMT Site does not violate any applicable law or regulation. In order to receive certain services from KMT, you may need to provide us with certain personal information including, but no limited to, your age, sex, health, and lifestyle. The personal information you submit to KMT is governed by the KMT Privacy Policy. To the extent there is an inconsistency between this Agreement and the KMT Privacy Policy, these Terms and Conditions shall govern.
Term
This Agreement shall remain in full force and effect while you use the Site or are a Member. KMT may terminate your Membership at any time, without warning, if you violate or threaten to violate any terms of this Agreement. Even after Membership is terminated, this Agreement will remain in effect.
Non-commercial Use by Members. The Site is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by KMT. Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
Proprietary Rights in Content on the KMT Site. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any KMT Content appearing on or through the Site.
LIABILITY OF FITNESS-FOUNDATION AND ITS LICENSORS
The use of the KMT Site and the Content is at your own risk.
The services provided by the KMT may involve certain risks to participants. Click here to read our Disclaimer Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.
If you think you may have a medical emergency, call your doctor or 911 immediately. KMT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by KMT, KMT employees, others appearing on the Site at the invitation of KMT, or other visitors to the Site is solely at your own risk.
When using the KMT Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of KMT and its suppliers. Accordingly, KMT assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the KMT Site.
KMT Site, its services, and the content are provided on an “as is” basis. KMT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, KMT, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the KMT Content, software, text, graphics, links, or communications provided on or through the use of the Site or KMT.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall KMT, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the KMT Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not KMT, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. KMT, its licensors, its suppliers, or any third parties mentioned on the KMT Site shall be liable only to the extent of actual damages incurred by you, not to exceed US$500. KMT, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, KMT Content, or KMT services. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
KMT may provide links to third-party web sites. KMT also may select certain sites as priority responses to search terms you enter and KMT may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. KMT does not recommend and does not endorse the content on any third-party websites. KMT is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. KMT does not endorse any product advertised on the Site.
INDEMNITY
You agree to defend, indemnify, and hold KMT, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
KMT is based in the Commonwealth of Massachusetts, in the United States of America. KMT makes no claims that KMT and the KMT Content are appropriate or may be downloaded outside of the United States. Access to the KMT Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
If there is any dispute about or involving the KMT Site, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts, City of Boston. Either KMT or you may demand that any dispute between KMT and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Boston, Massachusetts, USA, provided that the foregoing shall not prevent KMTSetdefault.com from seeking injunctive relief in a court of competent jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Please contact us at: info@TheMMAWarrior.com with any questions regarding this Agreement.
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