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THE ATHLETE'S COMPANY

Privacy Policy

PRIVACY POLICY

MusclePharm® respects and understands consumers’ concerns about the privacy of their personal information. MusclePharm® is a leading company that understands the need to treat consumers’ information in a responsible manner. This Privacy Policy explains MusclePharm®’s commitment not only to your privacy, but to you as a valued customer. It also informs you about the type of information we collect at this Site, how we collect it, what we do with the information, and to whom we might give the information. By using this Site, you agree, without limitation, to the practices described in this Privacy Statement and the Site’s Terms and Conditions of use. If you do not agree to the terms of this Privacy Statement or our Site’s Terms and Conditions, please do not visit our Site.

PERSONAL INFORMATION. In general, we may collect personal information from visitors to the Site if they (1) sign up to receive newsletters; (2) contact us (including our Webmaster, customer service representatives, or other employees); (3) complete a registration form, survey, or poll; (4) participate in a sweepstakes or contest; (5) make product or service inquiries; (6) purchase products, or (7) participate in the interactive diet and training portion of our Site. In connection with these activities, we may collect personal information, including, but not limited to, name, mailing address, e-mail address, telephone number, age range, birth date, gender, username, password, credit card number, credit card expiration date, photographs, occupation, social security number, other unique identifiers, income range, religion, ethnicity, height, weight, body fat percentage and measurements, areas of interest, fitness goals and exercise patterns, weight-training regimen, eating patterns and food preferences, blood pressure, glucose level, cholesterol and triglyceride levels, medical conditions, medication and supplement use, smoking habits, food allergies or intolerances, level of water intake, experience with other diet programs, and other demographic information.

We may combine visitors’ personal information with information that we collect from other online and offline sources. This information may include, for example: (1) information we receive from visitors when they call us, redeem coupons or complete our surveys or other forms; (2) information visitors submit to us at our retail locations or special events; and (3) updated contact and other information about our visitors that we may receive from third parties.

NON-PERSONAL INFORMATION. As part of the standard operation of our Site, we may collect certain non-personal information from visitors to our Site, including, but not limited to, their browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), IP address, and the domain name from which they accessed the site (e.g., lycos.com). In addition, we may collect information about visitors’ browsing behavior, such as the dates and times they visit our Site, the areas or pages of our Site that they visit, the amount of time spent viewing our Site, the number of times the visitor returns to our Site, and other click-stream data. We may use cookies (small text files that are stored on the hard drives of visitors’ computers when they access our Site) to collect this information as well as for other purposes, including, but not limited to, recognizing prior users, retrieving information previously provided by visitors to the Site, remembering passwords of individuals, and for direction to certain areas of our Site.

Visitors to our Site are always free to decline cookies, but in doing so, they may not be able to use certain features on our Site. The “Help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform users when they receive a new cookie, and how to erase cookies from their hard drives.

We may also use Web beacons to track information about visitors after they leave the Site, to access cookies, to count page visits, as part of our e-mail campaigns, and to otherwise facilitate visitors’ online experience. In addition, we may contract with third parties that place cookies, Web beacons, or other tools on our site to assist us in collecting non-personal information about our visitors.

We may combine the non-personal information that we collect with the personal information that we collect about our visitors.

USE OF INFORMATION. We may use personal information collected from visitors to our Site for any of the following purposes: (1) to fulfill product orders and requests for information about certain products and services; (2) to contact visitors to our Site when necessary (e.g., to respond to inquiries); (3) to send information, promotional materials, and newsletters from our company; (4) to administer contests and sweepstakes offered on our Site; (5) to administer the interactive diet and training portion of our Sites; (6) to help address problems with our Site; (7) to conduct internal reviews of our Sites (e.g., to determine the number of visitors to specific pages within the Site); (8) to help us better understand visitors’ use of our Site; (9) to protect the security or integrity of our Site; (10) to conduct market research; (11) to customize our Site or marketing communications for our visitors and customers; and (12) to help us provide better service to our visitors and customers. Non-personal information will be used for these purposes as well as for conducting internal reviews and monitoring of our Site and providing a greater online experience for our visitors.

DISCLOSURE OF INFORMATION. We do not share personal information with companies, organizations and individuals outside of MusclePharm® unless you have consented to such disclosure. We may transfer or otherwise disclose information collected from visitors to our Site for the following purposes: (1) to MusclePharm® employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for MusclePharm®; (2) as necessary if MusclePharm® has reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights and property, other users of our Site, or anyone else who could be harmed by such activities; (3) to announce winners of sweepstakes and contests; (4) to announce the results of surveys and polls; (5) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (6) as provided for under the “Unforeseen Circumstances” section below.

CHILDREN. Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 18.

THIRD-PARTY WEB SITES. Our Site may contain links to other, third-party web sites, which may have Privacy Policies/Statements that differ from our own. We are not responsible for the activities and practices that take place on these web sites. Accordingly, we recommend that you review the Privacy Policy or Statement posted on any web site that you may access through our Site.

UNFORESEEN CIRCUMSTANCES. In the event that MusclePharm® or any of its assets are acquired by a third party, personal information acquired by us may be one of the assets transferred.

PUBLIC MESSAGE BOARDS AND FORUMS. The Site may make chat rooms, forums, message boards, or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

REQUESTING TO SEE YOU PERSONAL INFORMATION. You may request via e-mail, U.S. Mail or telephone that we provide you with the personal information we have concerning you. Once you receive this information, you may request that we modify or remove any of your personal information. We reserve the right to verify your identity before sending you this information.

CALIFORNIA RESIDENTS. Residents of California, pursuant to section 1798.83 of the California Civil Code, may request, once per calendar year, from companies conducting business in California a list of all third parties to whom the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct-marketing purposes. In your request, please attest to your being a California resident and provide a current California address for our response.

Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 18. If you are a California resident and under the age of 18, and a user of this Site, section 22581 of the California Business and Professions Code permits you to request and obtain the removal of content that you have publicly posted. Please note that your request will not ensure a complete removal of the content and that in some cases the statute may not require or allow removal even if requested.

CHANGES TO THIS PRIVACY STATEMENT. There may be times when we need to amend, modify, remove, or change various aspects of this Privacy Statement, and we reserve the right to do so at our discretion. We recommend that you revisit this Privacy Statement periodically to ensure that you are aware of our current privacy practices. Your continued use of our service following any changes signifies your acceptance of these changes.

SECURITY. We maintain physical, electronic, and procedural safeguards to protect the personal information you provide to us. Although perfect security does not exist, we believe we have taken steps to protect against the loss, misuse, and alteration of the information under our control. We review our security processes on an ongoing basis to keep up with best practices.

CONTACT US. If you have any questions about this Privacy Statement or the practices or activities associated with our Site, or if you’d like to have access to or correct your personal information in our database(s) or remove yourself from our database(s), please contact us at customerservice@musclepharm.com , by mail at 4721 Ironton St. Unit A, Denver, CO 80239 or by telephone at 1-800-210-7369.

TERMS AND CONDITIONS

This website (“Site”) is owned and operated by MusclePharm® Corporation (“MusclePharm®”) in Denver, Colorado, and its third-party licensors and its affiliates (“MusclePharm®”). By visiting or shopping at www.musclepharm.com you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.

PRIVACY. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

DISCLAIMERS You acknowledge and agree that: MusclePharm® is providing this Site “as is” and “as available” and makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. MusclePharm® hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall MusclePharm® be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether MusclePharm® has been advised as to the possibility of such damages. MusclePharm® is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, MusclePharm® will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by MusclePharm®. This Web site may contain forward-looking statements that reflect MusclePharm®’s current expectation regarding future events and business development. Relying on the forward-looking statements involves risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. MusclePharm® intends to update this site on a regular basis but assumes no obligation to update any of the content.

COPYRIGHT. All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by MusclePharm® and/or its third-party providers and is protected by copyright laws of the United States and international copyright laws. ©MusclePharm Corporation. ALL RIGHTS RESERVED. You may not copy, reproduce,modify, remove, delete, augment, add to, publish, display, transmit, retransmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of MusclePharm®. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of MusclePharm® or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

TRADEMARKS. All trademarks, service marks and trade names of MusclePharm® are common-law trademarks or registered trademarks of MusclePharm® or its affiliates and third-party licensors, including, but not limited to: MUSCLEPHARM®. Nothing contained in or on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of MusclePharm® has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. MusclePharm® operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.

SITE ACCESS. You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This prohibition includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from MusclePharm® on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MusclePharm® without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MusclePharm® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

USER SUBMISSION.

A. Any photographs or other content submitted by you for consideration for publication on the MusclePharm®’s Site, collectively referred to as “User Submissions,” shall be subject to the provisions of these Terms and Conditions. By using this Site and submitting User Submissions, you agree to these Terms and Conditions. You understand that whether or not any User Submissions are published, MusclePharm® does not guarantee any confidentiality with respect to the User Submissions, MusclePharm® does not promise or agree to publish any User Submissions, and MusclePharm® will not return any User Submissions but is free, in its discretion, to destroy the User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to MusclePharm®, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation.

C. By tendering the User Submissions to MusclePharm®, you warrant, represent and agree that all intellectual property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to MusclePharm® without any further documentation and that MusclePharm® shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that MusclePharm® shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation.

D. In connection with User Submissions, you warrant, represent and agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights. Further, you warrant, represent and agree that all User Submissions will comply with MusclePharm®’ privacy policy as established from time to time.

E. You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to any MusclePharm® guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by MusclePharm® to be submitted for consideration of publishing on its Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that MusclePharm® does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions.

F. You warrant, represent and agree that MusclePharm® has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party.

G. You warrant, represent and agree that your User Submissions: 1. Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions; 2. Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person; 3. Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner; 3. Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, website or source; and 4. Shall not have been published previously on any website or other medium prior to submission to MusclePharm® shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to MusclePharm® for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms and Conditions.

DIGITAL MILLENNIUM COPYRIGHT ACT.

A. Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other content displayed on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MusclePharm®’ Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1 Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MusclePharm®’s designated Copyright Agent to receive notifications of claimed infringement is: Christina Connolly 4721 Ironton St. Unit A, Denver, CO 80239 1-800-292-3909. Only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

B. Written DMCA Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User Submission posted and used on this Site, then you may send a counter-notice containing the following information to the Copyright Agent: 1. Your physical or electronic signature; 2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver County, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the MusclePharm® Copyright Agent, then MusclePharm® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at MusclePharm®’s sole discretion.

PRODUCT AVAILABILITY. Most MusclePharm® products displayed at the Site are available in stores in the United States. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

YOUR ACCOUNT. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that MusclePharm is not responsible for access by third parties to your account that results from theft or misappropriation. MusclePharm® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

EXPORT. The U.S export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

RISK OF LOSS. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

LINKS. We are not responsible for the content of any sites that may be linked to or from www.musclepharm.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from MusclePharm®, and MusclePharm® has no control over the content of that other website. In addition, no link to any other website implies that MusclePharm® endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MusclePharm® of that third party or of any product or service provided by a third party. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray MusclePharm® or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MusclePharm® logo or other proprietary graphic or trademark as part of the link without our prior express written permission.

DISCLAIMERS OF WARRANTY. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MUSCLEPHARM®, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER MUSCLEPHARM®, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MUSCLEPHARM® AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MUSCLEPHARM® SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MUSCLEPHARM® OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MUSCLEPHARM® RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MUSCLEPHARM® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF MUSCLEPHARM® AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MUSCLEPHARM® SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY MUSCLEPHARM® IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION. Prices, descriptions and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).

ONLINE CONDUCT. You agree to use this Site only for lawful purposes. You agree to use this Site only for its intended purposes. You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit while using this Site. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or content. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), MusclePharm® may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. MusclePharm® reserves the right to prohibit any conduct involving this Site that it deems to be inappropriate. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MusclePharm®; (iii) in the event that MusclePharm® or its assets are sold to a third party, or (iv) to protect the rights or property of MusclePharm®, its Associates and you. MusclePharm® reserves the right to prohibit conduct, communication, or Content that MusclePharm® deems in its sole discretion to be unlawful or harmful to you, MusclePharm®, any rights of MusclePharm®, or any third party. Notwithstanding the foregoing, neither MusclePharm® nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither MusclePharm®, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site. You agree not to disrupt this Site, such as by using any device, software or routine that interferes with this Site’s proper functioning. You agree not to interfere with or compromise the security of this Site. You agree not to disrupt or interfere with any other user’s use of this Site. You agree not to collect, record, process or mine information about other users. You agree not to send bulk e-mails, surveys or other mass messages or to engage in keyword spamming. You agree not to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. You agree not to decompile, disassemble or reverse-engineer any part of this Site in order to identify, acquire, copy or emulate any source code or object code. You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Site and the Internet, including United States copyright laws and export restrictions.

You agree not to promote a business or any other commercial enterprise or event, or otherwise use this Site for commercial purposes, except as expressly permitted by MusclePharm®.

You acknowledge that, once published, your submissions to this Site cannot always be withdrawn.

You assume all risks associated with your submissions to this Site, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in your submissions that enables readers to recognize you.

You represent and warrant that all information that you provide to gain access to the services provided by this Site is accurate and truthful. Please note that you may expose yourself to liability if, for example, your submissions contain materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual-property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.

We may use your submissions in a number of ways, including displaying it publicly, reformatting it, incorporating it into (or displaying it next to or near) advertisements and other works, creating derivative works, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By using this Site, you irrevocably grant MusclePharm® the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display publicly, distribute, modify, translate, and create derivative works of, anything you submit for any purpose. You also irrevocably grant the users of this Site and any other media platforms the right to access your submissions in connection with their use of this Site and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to what you submit.

We reserve the right to remove, screen, edit, reinstate or otherwise regulate what you submit from time to time at our sole discretion, without notice to you, for any reason or no reason. We disclaim all obligations to keep or provide you copies. We do not guarantee the confidentiality of your submissions.

We have the right but not the obligation to regulate all content on the Site and to enforce these Terms and Conditions at any time.

We limit access to this Site viewing the linked web pages solely for legitimate business purposes to access the information provided by us at this Site. Any access or attempt to gain access to other areas of our computer system or other information contained on the system, or any of our computers, servers, accounts, networks, data, software or other hardware, for any purposes, whether or not associated with this Site, is strictly prohibited. You may not use any information contained on this Site other than in connection with a legitimate business purpose.

TERMINATION OF USAGE. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, MusclePharm® or its Associates.

USAGE BY INDIVIDUALS UNDER THE AGE OF 18. This Site is intended for visitors and users of 18 years of age or older. Nevertheless, we cannot prevent minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. If you are under 18, you may use this Site only with the permission and involvement of a parent or guardian. We require either that all purchases be made by adult individuals 18 years of age or older, or in the event that children under 18 years old make a purchase, that their parent or guardian give verifiable permission for such children to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO MUSCLEPHARM® THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

COMPLIANCE WITH LAW. Visitors to this Site are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Site and the information, content, material and services contained herein. MusclePharm® intends and has designed this Site for users 18 years of age and older, and does not authorize use by anyone younger than 18.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless MusclePharm®, including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and employees, from and against any and all claims, damages (actual and statutory), judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of the Site, (b) your tender of User Submissions, and (c) your warranties, representations or agreements contained in these Terms and Conditions

US SALES ONLY. Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting MusclePharm® products and services available in the United States and select foreign markets. This Site is controlled and operated by MusclePharm® from its offices in Denver, Colorado

APPLICABLE LAW. By visiting the Site, you agree that the laws of the State of Colorado, U.S.A., without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MusclePharm® and its Associates.

ACCURACY OF CONTENT. All information, content and material comprising or made available by us on this Site (“Our Content”) serves information purposes only and is not binding upon MusclePharm®. MusclePharm® recommends that users exercise their own skill and care with respect to their use of this Site. Users should carefully evaluate the accuracy, currency, completeness and relevance of the material on the Site for their purposes. MusclePharm® does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. MusclePharm® makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where Our Content is illegal is prohibited.

MusclePharm® is not a party to, has no involvement or interest in, makes no representations or warranties about, and has no responsibility or liability as to any communications, transactions, interactions, disputes or any relations of any kind between you and any other user, person or organization.

We may, in our sole discretion and at any time, change Our Content.

OWNERSHIP OF THIRD PARTY CONTENT. MusclePharm® may display information, content and material supplied by visitors and other third parties on its Site. MusclePharm® maintains no editorial control over this information, content and material. The information, content and material supplied by visitors and other third parties belongs to the respective owners of thereof.

MUSCLEPHARM® DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES.

EDITING, DELETING AND MODIFICATION. MusclePharm® reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Site at any time. MusclePharm® may alter the availability of any feature of this Site or service at any time.

USE OF INFORMATION. MusclePharm® reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures MusclePharm® has taken and what information we retain from your visit to this Site, please read our Privacy Policy, which is incorporated herein by reference.

SECURITIES LAWS. This Site may include statements concerning our or our affiliates’ operations, prospects, strategies, finances, future performance and demand for this Site. No such statements constitute an offer or solicitation of an offeror the sale of any security. We do not intend any of the information contained herein to be incorporated into any of our securities-related filings or documents.

INTERNATIONAL USERS. We control, operate and administer this Site from our office in the United States. If you access this Site from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Site or use Our Content in any manner that is restricted by any applicable statutes or regulations.

DISPUTES. Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to mandatory, confidential arbitration. This clause shall be interpreted broadly in favor of arbitration, and any issues of arbitrability shall be governed by the United States Arbitration Act. Arbitration shall be conducted in Denver County, Colorado except that, to the extent you have in any manner violated or threatened to violate MusclePharm®’s intellectual property rights, MusclePharm® may seek injunctive or other appropriate relief in any state or federal court located in Denver County, State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial arbitration rules then prevailing of the American Arbitration Association by a single arbitrator appointed by the AAA. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should either party file an action contrary to this provision, the other party may be awarded its reasonable attorneys fees and costs. MusclePharm®’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

SITE POLICIES, MODIFICATION AND SEVERABILITY. Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. These Terms and Conditions supersede any prior agreements, representations, warranties, and understandings with respect to the Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS. Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns. No failure to enforce any of these Terms and Conditions shall be deemed a waiver of those Terms and Conditions or the right to enforce them.

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