Terms Of Use

PLEASE READ THE TERMS OF USE CAREFULLY PRIOR TO USING THIS PLATFORM.

These Terms of Use (“Terms of Use”) apply to the web site located at www.musclemediarx.com and all associated web sites linked to www.infinitelabs.com. By accessing or using this website, mobile application or other Muscle Media products or services (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you indicate that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Infinite Labs.

Muscle Media reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without prior notice. It is your responsibility to check these Terms of Use periodically for changes, and your continued use of the Platform shall be considered your acceptance to any revisions applied. If you do not agree to these Terms of Use, PLEASE DO NOT USE THIS PLATFORM.

HEALTH RELATED INFORMATION

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. It is the consumer’s responsibility to read all product labels and packaging carefully prior to use. Information available on or though the Platform is not meant to substitute for the advice provided by a medical doctor or other health care provider. Consumers should not use the information available on or through the Platform, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating any health conditions or diseases.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on or from the Platform. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements. Infinite Labs’ products are not intended to diagnose, treat, cure or prevent any disease.

PHYSICAL ACTIVITY NOTICE

The Platform may include information and/or features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Muscle Media is not responsible or liable for any injuries or damages that may be sustained as a result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY, CONTENT AND TRADEMARKS

All intellectual property on the Platform (except for User Generated Content) is owned by Muscle Media or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Muscle Media name and the circular logo) are owned, registered and/or licensed by Infinite Labs. All content on the Platform (except for User Generated Content), including but not limited to text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, computer code and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Infinite Labs; All rights reserved.

Nothing in these Terms of Use or otherwise provided on the Platform grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks without express prior written consent of Infinite Labs. Neither Infinite Labs’ name nor any of the trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Platform, without Infinite Labs’ prior consent. Without limiting the generality of the foregoing, Infinite Labs’ prohibits the use of its name of any trademarks as a link to any website unless such links are approved in advance by Muscle Media in writing.

PLATFORM USAGE AND RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Muscle Media products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be used, copied, reproduced, republished, uploaded, posted, publically displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Infinite Labs’ prior written consent, unless it is your own User Generated Content (defined below) that you legally post on the Platform. The platform may also enable the download of particular Content, of which you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.

You must not misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You agree not to use any data mining, robots, scraping or similar data gathering methods. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. If you are to breach this provision, you may commit a criminal offense. Muscle Media reserves the right to report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

Muscle Media will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the platform or your downloading any material posted on the Platform or any third-party website linked to the Platform.

USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Infinite Labs.

GENERAL RULES FOR USER GENERATED CONTENT

Muscle Media may provide interactive services on the Platform, including but not limited to chat rooms, bulletin boards, forums and blogs. Muscle Media disclaims any obligation to oversee, monitor or moderate any interactive services provides on the Platform, and in no event shall Muscle Media be liable for any loss or damage arising from the use of any interactive service by a user in contravention with Infinite Labs’ content standards. Muscle Media does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Muscle Media is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event Muscle Media chooses to monitor any User Generated Content, Muscle Media assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Muscle Media reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. Should you decide to post any content on the Platform, you hereby grant Muscle Media and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party.

ELIGIBILITY AND REGISTRATION

To become a member of the Muscle Media Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older, and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

You are responsible for any actions that take place while using your Muscle Media account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Muscle Media is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER CONTENT STANDARDS

The following standards apply to any and all material which you contribute to the Platform (“Contributions”) and to any associated interactive services:

Contributions must:

• Be accurate (when facts are stated)
• Be genuinely held (when opinions are stated); and
• Comply with applicable laws in the United States and in any country from which they are posted.

Contributions must not:

• Contain any material that is defamatory, obscene, hateful, offensive or inflammatory;
• Infringe any copyright, trademark, or other intellectual property right of any other person;
• Abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety;
• Promote violence or any illegal activity;
• Be made in breach of any legal duty owed to any other person, such as a contractual or other duty confidence;
• Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
• Give the impression that they originate from Infinite Labs, if that is not the case.

In no event shall Muscle Media be liable for any actions taken in response to any breach of these content standards.

PURCHASES

It is the responsibility of the consumer to determine and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, sale and use of any items purchased on the Platform. By placing an order, the consumer represents that the products ordered will be used only in a lawful manner.

Muscle Media may make changes to any products or services offered on the Platform, or to the applicable prices for any such products or services, at any time without prior notice. The materials on the Platform with respect to products and services may be out of date, and Muscle Media makes no commitments to update the materials on the Platform with respect to such products and services except as required by applicable law.

Infinite Labs’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Platform should be construed to alter such agreements.

ELECTRONIC COMMUNICATIONS

When you access or use the Platform, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with Muscle Media electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that Muscle Media provides to you electronically satisfy any requirement that such communications be in writing.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods and/or services and to specific portions or features on the Platform, including promotions, contests and other similar features, all of which are made a part of these Terms of Use by this reference. Users and consumers shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such services or features.

If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specified service.

INFRINGEMENT COMPLAINTS

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our designated agent.

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Muscle Media legally sufficient notice of infringement. Please forward copyright infringement complaints to:
Infinite Labs, LLC

PO Box 533736

ATTN: Legal Department

Orlando, Florida 32853
Phone: 1 (407) 290-8860

Fax: 1 (407) 290-8861

Email: sia@infinitelabs.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the usage and collection of information on this Platform. By using this Platform, you acknowledge any message or information that you send to the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g., credit card information) is encrypted.

LINKS

The Platform may contain links to other independent websites, applications or other products or services operated by third party companies (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors and consumers.  Such Linked Sites are not under Infinite Labs’ control, and Muscle Media does not endorse and is not responsible for the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. It is the responsibility of the visitor and/or consumer to make their own judgement regarding the interaction with these Linked Sites.

LIMITATION OF LIABILITY

In no event will Muscle Media be held liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Muscle Media has been advised of the possibility of such damage, except where prohibited by law. The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

JURISDICTION AND VENUE

The laws of the State of Florida govern these Terms of Use and any dispute of any sort that may arise between you and Muscle Media or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Florida and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Orange County, Florida for any action relating to Infinite Labs’ products, services, or these Terms of Use. Notwithstanding any other provision of these Terms of Use, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to Infinite Labs’ products, services, or these Terms of Use within one year after such claim or action accrued. Otherwise, you will waive the claim or action. We make no representation that the Platform is appropriate or available for use in any particular location. Those who choose to access the Platform do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

INDEMNITY

You agree to indemnify, defend, and hold Infinite Labs, LLC, its officers, directors, employees, affiliates, agents, licensors and suppliers, harmless from and against all claims, expenses, losses, liabilities, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to any claims or demands made against Muscle Media by any third party due to or arising out of or in connection with your use of the Platform or violation of these Terms of Use.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Muscle Media is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform.

You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Muscle Media is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

Muscle Media is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Muscle Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Muscle Media cannot guarantee and does not promise any specific results from use of the Platform. Muscle Media does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Muscle Media does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Muscle Media reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Muscle Media with regard to your use of the Platform, and any and all other written or oral agreements or understandings previously existing between you and Muscle Media with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement between you and Infinite Labs, Muscle Media will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Muscle Media failure to insist on or enforce strict performance of these Terms of Use shall not be interpreted as a waiver by Muscle Media of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Muscle Media and you or any other third party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SEVERABILITY

If any provision in these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect.

VIOLATION OF TERMS OF USE

Muscle Media reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Muscle Media also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Limitation of Liability, Jurisdiction, Indemnity, User Interaction Disclaimer, Warranty Disclaimer, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Should Muscle Media take any legal action against you as a result of your violation of these Terms of Use, Muscle Media will be entitled to recover from you all reasonable attorney’s fees and costs of such action in addition to any other relief granted to Infinite Labs. Under no circumstance will Muscle Media be liable to you or any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.