This website is operated by Bodybuilder Solutions. Throughout the site, the terms “we”, “us” and “our” refer to Bodybuilder Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Online Store Terms
- By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bodybuilder Solutions, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bodybuilder Solutions.
3. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4. Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
5. Accuracy, Completeness and Timeliness of Information
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Basis of Sale and Service
- We provide paid access to our e-books and Courses. The services are provided on per account basis.
- All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
- The Services require a single one time payments as set out on the Website.
- You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
- Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third party payment processor is unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your monthly or annual renewal date.
- We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
- All prices for Services are calculated in USD and your credit card will be charged in USD .
- You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
- Reselling of the Services to third parties is permitted only if you sign a specific agreement with us.
- You agree to contact us prior to raising a request for a charge-back or any dispute with your bank or card issuer in relation to any Transaction.
- If you make a card payment through our website, and later dispute a legitimate charge by raising a charge-back without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid charge-back request and or pursue legal action as the case may be.
- Except as otherwise set forth, we may terminate this Agreement at any time and for any reason by giving Notice to you. Termination of the agreement means that you will lose access to your account.
- We may at any time terminate the Agreement if
- you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms);
- we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
- the provision of the Services to you by us is, in our opinion, no longer commercially viable; or
- we have elected to discontinue the Services (or any part thereof).
- Once terminated, we may permanently delete your account and all the data associated with it.
- If we terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
- We may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.
- Unless we expressly agree otherwise in the Agreement, the Services, and all intellectual property rights associated with the Services, are the sole and exclusive property of Bodybuilder Solutions. Subject to your full and complete payment of all amounts due to Bodybuilder Solutions therefor, to the extent Bodybuilder Solutions provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Bodybuilder Solutions Content”), Bodybuilder Solutions grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Bodybuilder Solutions Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Bodybuilder Solutions Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Services and the Bodybuilder Solutions Content.
- In connection with the rights and licenses granted by Bodybuilder Solutions under the Agreement, Bodybuilder Solutions may provide you with user manuals, reference manuals, (collectively, the “Documentation”).
- Bodybuilder Solutions is the sole and exclusive owner of all rights, titles, and interests in and to the Documentation and all of the intellectual property rights associated with the Documentation.
- You agree you will not, directly or indirectly:
a. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any, Documentation, Bodybuilder Solutions Content or data related to the Services;
b. remove any proprietary notices or labels from the Content; reproduce or copy the Content or the Services or any part thereof;
c. modify, translate, or create derivative works based on the Services or any Content;
d. copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Bodybuilder Solutions Content;
e. create any derivative product from any of the foregoing;
f. without our express written permission, introduce software or automated agents or scripts to the web site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services;
g. perform or publish any performance or benchmark tests or analyzes relating to the Services or the use thereof;
h. upload, link to or post any portion of the Bodybuilder Solutions Content on a bulletin board, intranet, extranet or website;
i. use or distribute the Bodybuilder Solutions Content in violation of any applicable laws, regulations or export restrictions;
j. possess or use the Content in any format other than machine-readable format;
k. use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services;
l. circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services;
m. use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; or
n. allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Bodybuilder Solutions reserves all rights in the Services not explicitly granted herein.
5. You acknowledge and agree that the Services, the Content, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Content or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks, and/ or other intellectual properties are owned by Bodybuilder Solutions or by other parties that have licensed their material to Bodybuilder Solutions. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Bodybuilder Solutions.
6. Your use of the Services confers no title or ownership in the Services, the Content, or the Marks and is not a sale of any rights in the Services, the Content, or the Marks. All ownership rights remain in Bodybuilder Solutions or its third-party suppliers, as the case may be.
7. You acknowledge and agree that any comments, ideas, and/or reports provided to Bodybuilder Solutions (“Feedback”) shall be the property of Bodybuilder Solutions and you hereby irrevocably transfer and assign to Bodybuilder Solutions such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
- The Services may rely on third party software and hardware, and we make no representations, promises or guarantees regarding third party software and hardware.
- Bodybuilder Solutions does not warrant the Services will be uninterrupted or error-free.
- The Services are not intended to replace your professional skills or judgment.
- From time to time down-time, either scheduled or unscheduled, may occur. Bodybuilder Solutions will work within reason to ensure this amount of down-time is limited. Bodybuilder Solutions will not be held liable for the consequences of any down-time.
- Bodybuilder Solutions cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
- You assume all risk of use of all files associated with the Services, and you release Bodybuilder Solutions entirely of all responsibility for any consequences of its use.
11. Limitation of Liability
- We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website, including reliance on any advice, is at your sole risk.
- You agree not to use the Services, our website and the Related Content for any sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
a. loss of profits, sales, business, or revenue;
b. business interruption;
c. loss of anticipated savings;
d. loss or corruption of data or information;
e. loss of business opportunity, goodwill or reputation; or
f. any other indirect or consequential loss or damage.
g. Nothing in these Terms shall limit or exclude our liability for:
h. death or personal injury resulting from our negligence;
i. fraud; and/or
j. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
3. Our website is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content.
4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
12. Reliance on Information
- The website is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained on the Website.
- The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
13. Binding Arbitration
- If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org.
- Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
- The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
- The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
14. Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.
15. Waiver of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
16. No Waiver
You agree to indemnify and hold us, our related corporation sand affiliates, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
19. Personal Information
19. Errors, Inaccuracies and Omissions
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Availability of the Web Site
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Bodybuilder Solutions accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
23. Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
24. Changes to Terms of Conditions
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
26. Governing Laws
These terms and the relationship between you and us shall be governed by the laws of the United States and the courts of Scottsdale, Arizona shall have exclusive jurisdiction over any dispute.