| Terms of Use This Web site (hereafter, "this Site") is owned and operated by Out Right Fitness, an Austin Texas (USA) company with its principal place of business in Austin Texas for your personal, non-commercial use only. Access to and use of this Site is subject to the following terms and conditions. By using this Site, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Such changes shall be posted on this page of www.OutRightFitness.com and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms and conditions. Your continued use of this Site following the posting of changes to these terms and conditions (including our Privacy Policy) will mean you accept those changes. Please e-mail any questions regarding this policy to contactus@outrightfitness.com. Intellectual Property This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Out Right Fitness or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on Out Right Fitness. All rights reserved." must appear on each copy. Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or the Out Right Fitness logos without the express written permission of Out Right Fitness, or other owners of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. User Submissions Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Out Right Fitness. You agree that any submissions, in whole or in part, may be used by Out Right Fitness or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that Out Right Fitness is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. Trademarks The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the Trademarks of Out Right Fitness, and others. Nothing contained in this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Out Right Fitness or the third party that owns the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited. Disclaimer, Limitations of Liability, and Indemnity This Site could include technical or other inaccuracies or typographical errors. OUT RIGHT FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENTS OR OF THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of Out Right Fitness. Out Right Fitness is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by Out Right Fitness on this Site or any linked site do not imply any endorsement of such companies, products, or publications by Out Right Fitness. Out Right Fitness shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site. Out Right Fitness, its affiliates, their directors, officers, employees, shareholders, agents, or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is Out Right Fitness responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked. Furthermore, you agree to defend, indemnify, and hold harmless Out Right Fitness and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement. Users outside the U.S This Site is available internationally and may contain references to products or services not available in all countries. Out Right Fitness does not market all of its products or services in all countries. Some Out Right Fitness products sold outside of the United States may be formulated differently from the products referred to in this Site. Check the label for ingredient and nutrient information. Applicable Law This Site is created and controlled by Out Right Fitness in the state of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Out Right Fitness makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of Texas, without giving effect to any principles of conflicts of law. You and Out Right Fitness agree and hereby submit to the exclusive personal jurisdiction and venue of Austin Texas, and the assigned United States District Court for the purposes of litigating any action arising from or relating to your use of this Site. If any part of these terms and conditions is declared unlawful, void, or for any reason unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire Agreement between you Out Right Fitness with respect to the use of this Web site. |