Following is the Internet Website Agreement ("Agreement") between you and Brain Brawn & Body.
Use of this website at brainbrawnbody.com and/or any other websites owned by Brain Brawn & Body, including any chat rooms, bulletin or message boards or other forums contained therein (collectively the "Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS BRAIN BRAWN & BODY WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the website.
2. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, non-commercial use. All materials contained on the Website are protected by copyright, and are owned or controlled by Brain Brawn & Body or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions containeed in any content on the Website. You may download and make a copy of the content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Brain Brawn & Body or the copyright holder identified in the individual content's copyright notice.
3. Brain Brawn & Body may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Brain Brawn & Body may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origins or statements of fact; and (b) that you are at least eighteen (18) years old.
5. You hereby agree to indemnify, defend and hold Brain Brawn & Body and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Brain Brawn & Body reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Brain Brawn & Body.
6. The Website contains links and pointers to other related internet sites and resources. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Brain Brawn & Body or any of its subsidiaries or affiliates of any third party resources, or their contents.
7. Brain Brawn & Body does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Brain Brawn & Body reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
8. Brain Brawn & Body does not and cannot review all materials posted to the Website by users, and Brain Brawn & Body is not responsible for any such materials posted by users. However, Brain Brawn & Body reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Brain Brawn & Body's sole discretion are objectionable or in violation of this agreement.
9.THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLY BY LAW, BRAIN BRAWN & BODY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, BRAIN BRAWN & BODY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BRAIN BRAWN & BODY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAIN BRAWN & BODY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
10. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, you hereby grant to Brain Brawn & Body a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Brain Brawn & Body for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
11. You acknowledge that transmission to and from this website are not confidential and our Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Brain Brawn & Body, no confidential, fiduciary, contractually implied or other relationship is created between you and Brain Brawn & Body other than pursuant to this Agreement.
12. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF WISCONSIN.
13. This Agreement constitutes the entire agreeement between Brain Brawn & Body and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Brain Brawn & Body reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time.