I’m trying to make mad cheddar. And because I don’t want to be sued out of house and home and wind up living in a van down by the river, one of the ways to bulletproof myself is to provide you good folks with terms and conditions of your use, including a privacy policy detailing what sinister things I’m doing with your data and a disclosure policy telling you how I make duckets with this website thingamabob. So read on and be prepared to be bored out of your everlovin’ mind.
TERMS OF USE
Welcome to the Monster Longe website, owned and operated by The Body Reconstruction Exterior Renovation Company. Throughout the site, the terms “we”, “us” and “our” refer to The Body Reconstruction Exterior Renovation Company. The Body Reconstruction Exterior Renovation Company 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. Please read these terms and conditions carefully. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access this website.
Notice Pursuant to California Business and Professions Code §2068
State law allows any person to provide nutritional advice or give advice concerning proper nutrition–which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
Health Disclaimer
Any and all information contained on this website is not intended to take the place of medical advice from a health care professional. Exercise, diet and health related matters vary from person to person. Nothing on this website shall be considered, or used as a substitute for, medical advice, diagnosis or treatment. Any action whatsoever which is taken based on the contents of this website or any of its related sites, materials, products or information is to be used solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well being before proceeding with any action pertaining to health related issues. While the information provided on this website is believed to be accurate, this website assumes no liability for the use or misuse of information and products on this website.
Neither this website nor its affiliates, directors, officers, owners, employees, agents, contractors, representatives, successors or assigns, shall be responsible if you fail to consult the appropriate health authorities with respect to your health care before acting on or using any information or products found on this website, nor will they be responsible for any errors or omissions, or the use or misuse of, the information on this website.
Disclaimer of Warranty
All content, materials, products, services and information made available on or through this website are provided on an “as is” and “as available” basis, without representations, warranties or conditions of any kind, either express or implied. Subject to the foregoing, we disclaim all implied warranties including, without limitation, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in these terms and conditions. We make no representation that the information or content contained on this website, your results in using this website, or the service itself will be accurate, valid, reliable, complete, timely or available or that it does not violate or infringe the rights of any third party. We do not warrant that the content, materials, products, services and information made available to you through this website, their servers, or e-mail sent from us will be uninterrupted, error free, free of viruses or other harmful agents or components, secure or timely. We make no representation and specifically disclaim any warranty regarding any site linked to this website.
This disclaimer by us in no way affects the terms of any manufacturer’s or third party seller’s warranty, if any, related to the goods purchased via this website. Title to goods and merchandise is retained by us until the goods and merchandise are paid for by the purchaser at which time title passes to the purchaser.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Limitation of Liability
You agree that, except as otherwise provided under applicable laws, neither us nor our affiliates, nor the directors, officers, owners, employees, agents, contractors, representatives, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, statutory or other damages you or others may suffer, as well as damages for lost profits, lost revenue, business interruption or the loss of data or information, even if born fitness is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort (including negligence), warranty, strict or product liability or otherwise.
Trademarks and Copyrights
You agree that all content appearing on this website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of us or our partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and protected by United States and international laws. All software used on this site is our property or our software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the Monster Longe Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any of the content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited.
We do not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this website, without our prior written consent. We prohibit the use of the Monster Longe logo or other proprietary graphics or trademarks as a link to any website unless the creation of such a link is approved in advance, and in writing, by us. Registered and unregistered proprietary information is owned and held by us and our licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this website in any form, either mentioned or unmentioned.
Monster Longe is a trademark or trade dress in the United States and/or other countries. Monster Longe’s trademarks and trade dress may not be used in connection with any product or service that is not our’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, us.
Third Party Websites
You agree that we encourage you to exercise discretion browsing the internet. Our website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. We and our affiliates make no representation or warranty about the legality of any third party website nor about its accuracy, content, products or services. Any such website is independent from us, and we have no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between us and another website further does not mean that we endorse, recommend, sponsor or approve that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. We expressly disclaim any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the Monster Longe domain.
Use Restrictions
This website is for your personal, non-commercial use only. You agree that you will not use this website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Monster Longe’s name or any trademarks; to engage in any activity that interferes with a user’s access to the website or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. You also agree that in using this website you will not impersonate any person or entity.
Unlawful Conduct
You agree that you are prohibited from posting or transmitting to the Monster Longe website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this website.
Termination of Use
You agree that any violation of these Terms and Conditions, the unauthorized use of this website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this website. We reserve the right to terminate or suspend your access to this website and its content and use at any time, with or without notice at our discretion.
Product Descriptions
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Limited Availability and Price
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Revisions
We may, in our sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website. We shall not be liable to you or any third party should we exercise this right to modify or discontinue this website. We also reserve the right to revise the Terms and Conditions of this website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this website. We encourage users to review these Terms and Conditions each time you visit this website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.
Electronic Communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Consent
By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this website.
Privacy Policy
The privacy of those who visit our website is of primary concern to us. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain our relationship with you.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Cookies
We reserve the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information.
Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to our website or other websites. Google’s use of advertising cookies enables it and its partners to serve ads to our users based on their visit to our site and/or other sites on the internet. Users may opt out of personalized advertising by visiting Ads Settings or WebChoices.
Disclosure to Authorities
We cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize us to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose us to legal liability.
Indemnification
You agree to indemnify, defend and hold harmless us, our affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this website.
Enforceability, Governing Law and Jurisdiction
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any action against Born us arising from, or relating to, your access to and use of this website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in San Diego County in the State of California. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Diego County in the State of California, for the adjudication of all claims by us against you arising from, or relating to, your access to and use of this website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to California law as the governing law and to the sole and exclusive venue being San Diego County in California. If you do not agree to these terms then you must immediately cease using this website and its services. Your continuing to use this website and its services will constitute your consent to these terms.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against us or any of our affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Limitations on Actions
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.
Your Representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.