Conditions of Use
We appreciate you visiting
the www.MESICS Training.com
web Site (the Site). The following Terms and Conditions
of Use set forth the agreement between the Site, the
internet presence of MESICS LLC, a leading provider
of health, quality of life and longevity knowledge,
tools, services and products, and each and every user
governing the use of the Site.
Please review these terms
and conditions thoroughly before using the Site. By
using the Site, you agree to be bound by these Terms
and Conditions. If you do not agree these Terms and
Conditions, then please exit you may not access or use
the Site.
The Site is designed to offer
private, interesting and informative experiences for
its visitors as well as a place for visitors to purchase
MESICS products and services, products and services
created to enhance fitness, longevity and well-being.
MESICS , and our respective subsidiaries and affiliates
want each visitor to our Site to have a safe, convenient
and valuable experience so we have established the following
terms and conditions so that we (and you) know what
to expect from each other.
We may change these terms
and conditions, or the policies that govern the use
of the Site at any time. We urge you to review the Site's
terms and conditions every so often for any changes.
Your continued use of the Site shall be deemed your
notification and acceptance of any changes to our terms
and conditions.
By entering and using the
Site, you fully and completely accept these terms and
conditions, which revoke and cancel any and all other
agreements or understandings between you and MESICS
regarding anything pertaining to the topics and sum
and substance of the Site.
MEDICAL, PSYCHOLOGICAL AND PROFESSIONAL SERVICE DISCLAIMER
The information on the Site
is intended for educational purposes only.
MESICS is designed for educational
purposes. MESICS is not engaged in rendering medical
or psychological or any other professional health services
or counsel. The information provided through MESICS
should not be used for diagnosing or treating a health
problem or a disease. It is not a substitute for professional
care. If you have or suspect you may have a health problem,
you should consult your health care provider.
Because all of the information
and materials contained on the Site are intended for
educational purposes only, they are not in any way intended
to be used or viewed as a substitute for medical or
psychological or any other form of health advice, treatment,
counsel or care.
The use of the Site does
not create a psychologist-patient or a physician-patient
relationship or any other health professional-patient
relationship between MESICS and the user of the Site.
In no way does the use of this Site obligate MESICS
to any follow-up or contact for any reason including,
but not limited to, medical or health reasons. Persons
who visit the MESICS Site should in no way rely on any
information provided on the Site to meet their own psychological
or physical health needs for professional health services.
No information contained
on the Site or in any electronic or written information
sent to you by MESICS is to be taken as medical or other
health treatment, advice or counsel pertaining to any
of yours or anyone else's specific health or medical
condition. MESICS does not diagnosis, treat, or recommend
any course of action regarding your physical or psychological
health.
You recognize, accept and
allow that MESICS is not engaged in the practice of
Psychology or Medicine or any other professional health
discipline and that any and all decisions made using
the Site content will be your exclusive responsibility
and, if you choose, that of your health service providers.
MESICS unequivocally disclaims any responsibility or
liability for any undesirable, unfavorable, or adverse
results or damages consequent to your relying on Site
content, including any and all MESICS programs, practices,
regimens, routines and products.
At your expense, you agree
to indemnify and hold MESICS harmless from any and all
losses, damages or liabilities, that result from any
and all claims, causes of action, proceedings, suits,
or demands against MESICS arising from or related to
decisions or recommendations you make using the Site
content, including any and all of MESICS programs and
products.
SERVICES
All services rendered by
Dr. Jim Manganiello , or by those under his direction
at MESICS are exclusively educational services. This
includes, but is not limited to education, training
and mentoring in the use of MESICS fitness and longevity
education/training regimens, practices and routines.
None of MESICS regimens,
materials or programs supervised or administered by
Dr. Manganiello or anyone under his direction are a
treatment or cure for any illness or health problem.
Nor is any communication or service of any kind that
you receive from Dr. Manganiello, or those under his
direction at MESICS, treatment or counsel for any
illness or health problem. The same applies for any
materials and products available on the Site. All materials
and products are meant as fitness educational resources
intended for your self-directed use. No free or for
sale products on the MESICS Site, barring none, are
meant as a cure or treatment or counsel for any health
problem.
MESICS and its personnel
are not engaged in rendering medical or professional
health services. The Site content is not a substitute
for the diagnosis and advice of your health care professional
and the in no instance should Site content be used in
place of such diagnosis and advice. You should never
delay seeking the diagnosis and counsel of your health
care professional because of any Site content. Consult
your health care professional before practicing any
recommendations or acting on any MESICS fitness and
longevity regimens, practices and/or routines. The Site
content is not to be misconstrued as MESICS promoting
or supporting the self-management of your medical or
psychological condition(s) or of anyone you know.
QUOTING, REFERENCING AND USING THE SITE
You can quote material verbatim
from the Site for your personal, non-commercial use
under the following conditions:
You are strictly prohibited
from exporting or quoting material from pages or from
radio programming for your commercial or financial benefit.
You must maintain and display all MESICS copyright
and restrictive rights, and other proprietary notices,
on all materials you quote or copy.
You may not, however transmit,
distribute, modify, reuse, report, or use the contents
of the Site, including the text, images, audio, and
video, for public or commercial purposes, without the
written permission of MESICS.
If you want to re-use, re-print,
copy, distribute, modify, transmit, report any information
that is NOT the property of MESICS, then you must
contact the rightful owners to obtain permission. MESICS, accepts no responsibility for any violations of
the intellectual property of others by any party using
this web Site.
You may not allow, enable,
or support the communication of unsolicited, commercial
advertising or solicitations via e-mail or use automated
technology (including without limitation--robots, scripts,
spiders, or any other programmed device) to access the
Site or observe or copy our Site pages or its content.
You are also strictly prohibited from putting pop-up
windows on the Site or in any manner modifying its pages.
We may cancel your use of
the Site without prior notice for any reason if we conclude
that you have violated any of these terms and conditions.
You may terminate your use of the Site at any time.
USE AND WARRANTLY EXCLUSIONS AND DISCLAIMER
MESICS assumes no risk
or obligation for your use of the Site . Further, MESICS
is not responsible for the content of information
appearing via hyperlink to other Internet Sites. MESICS
does not endorse any other Internet Site, nor does
it vouch for any information which may be contained
on any other Internet Site, including those to which
it provides Internet links.
Any papers or other information,
including radio interviews, which are written and produced
for the Site by principals, guest contributors, and/or
advisors to the Site and/or by the educational services
wing of MESICS, are intended for educational purposes
only, and are solely intended to help visitors round
out their understanding of some of the issues and complexities
of comprehensive fitness and longevity concerns.
In consideration for your
use of and access to the MESICS website, you agree
that in no event will MESICS or any other party or
person involved in creating, producing or delivering
the Site (including any and/or all of its contents)
or any web site linked to this Site, be liable to you
in any manner whatsoever for any decision made or action
or non-action taken by you in reliance upon the information
provided through this Site and/or its links.
While MESICS, uses reasonable
efforts to include accurate and up-to-date information
on the Site, MESICS, makes no warranties or representations
as to its accuracy, timeliness, or completeness. MESICS, assumes no liability or responsibility for any errors
or omissions in the content on the Site.
You expressly agree that
you use this Site at your own risk. Neither MESICS,
nor any party involved in creating, producing, or delivering
the Site or any of the material or information contained
in the Site is liable for any direct, indirect, consequential,
or 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" with
no warranty of any sort, implied or expressed, including
(but not limited to) the implied warranties of fitness
and longevity for a particular purpose, non-infringement
or merchantability.
MESICS makes no warranty
that the services on the Site will satisfy you or meet
your needs, or that the material and/or products and/or
services will be uninterrupted and without error. Nor
does MESICS make any assurances pertaining to the
accuracy or reliability of the MESICS content. You
understand and agree that any Site material and/or information
reviewed, copied or used in any fashion is done at your
own risk.
PROHIBITED ACTIVITIES
You agree never to use the
Site to:
- violate any local, state,
national, or international laws;
- stalk, annoy, or injure
anyone;
- collect personal data
about MESICS personnel or Site users;
- impersonate anyone, or
otherwise misrepresent your affiliation with a person
or entity;
- interfere with or disrupt
the Site or services or networks connected to the
Site, or disobey any requirements, procedures, policies,
or regulations of networks connected to the Site.
You agree not to use the Site to send unlawful, libelous,
slanderous, insulting, threatening, or offensive messages
to anyone, as determined by MESICS in its exclusive
judgment.
COPYRIGHTS, CREDITS AND TRADEMARKS
MESICS is a trademark
of MESICS Fitness and Longevity and Dr. Jim Manganiello.
All trademarks, logos, and
service marks (collectively the "Trademarks") displayed
on the Site, are registered and unregistered Trademarks
of MESICS (or others where indicated). Nothing contained
on the Site or in these Terms and Conditions should
be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark
displayed on the Site without written permission of
MESICS. Your misuse of the Trademarks displayed on
the Site, or any other content on the Site is strictly
prohibited. You are also advised that MESICS will
aggressively enforce its intellectual property rights
to the fullest extent of the law, possibly including
the seeking of criminal prosecution.
All other trademarks, articles,
publications, books, tapes, web Sites, product names
and company names or logos cited herein are the legal
and intellectual property of their respective owners.
Assume that everything you
read or hear on the Site is copyrighted unless otherwise
noted, and may not be used without the written permission
of MESICS except as provided in these Terms and Conditions
or in the text on the Site. MESICS neither warrants
nor represents that your use of materials displayed
on the Site will not infringe rights of third parties
not owned by or affiliated with MESICS .
Please note that some jurisdictions
may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
MESICS also assumes no
responsibility for 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 or your downloading of any
materials, data, text, images, video, or audio from
the Site.
Any images displayed on the
Site are either the property of, or used with permission
by, MESICS, unless otherwise noted. The use of these
images by you, or anyone else authorized by you, is
prohibited unless specifically permitted by these Terms
and Conditions or specific permission provided elsewhere
on the Site. Unauthorized use of these images may violate
copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Although MESICS may monitor
or review discussions, chats, postings and the like
on the MESICS Site, MESICS assumes no responsibility
or liability arising from the content of any such locations
or for any error, insult, defamation, slur, oversight,
deception, obscenity, risk, or incorrectness in information
contained on the Site.
You are prohibited from posting
or transmitting any unlawful, threatening, slanderous,
insulting, obscene, indecent, inflammatory, or profane
material or any material that could represent or encourage
conduct that could be considered criminal or give rise
to civil liability, or violation of any law.
YOUR SUBMISSIONS TO THE SITE
You may submit testimonials,
comments or other content to MESICS via e-mail links
on the Site or through snail mail. While you retain
ownership to your submissions, you give to MESICS
a royalty-free, perpetual, non-exclusive, permanent
global right and license to use, reproduce, distribute,
modify, create derivative works of, publicly display,
your submission in any present and future media forms.
MESICS may post on the Site any testimonial you send
us. We will attribute your testimonial to you by displaying
your full name with your permission, or your first and
last initial or your first name and last initial next
to your testimonial at our discretion.
JURISDICTION
In the unlikely event that
any formal dispute arises between you and MESICS, or
its owner or employees, all said disputes will be resolved
finally and exclusively by binding arbitration in Boston,
Massachusetts before a sole arbitrator chosen from and
administered by the American Arbitration Association
in accordance with its governing rules.
TIME LIMIT
MESICS failure to put into
effect or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision.
If any proviso or condition of the Terms and Conditions
is found to be invalid by either a court of expert jurisdiction
or the Arbitrator, you and MESICS nonetheless agree
that the court or the Arbitrator should undertake to
give effect to your and MESICS intentions as reflected
in the provision, and that the other provisions of the
Terms remain entirely in effect.
You agree that despite any
statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site
or MESICS services or products must be made within one
year after any claim or cause of action arose or be
finally and permanently barred.
FINAL NOTE
We welcome you to the Site.
We wish you an enjoyable and life enhancing experience.
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