Terms of Service
ACCEPTANCE By subscribing, logging on, or using The Muscle Lab and/or The Muscle Lab Mini ("Site"), you hereby agree to accept these terms and conditions and further agree to indemnify and hold the authors and owners of this Site faultless from any accidents, injuries, or direct or indirect damages of any kind which you may experience as a result of your fitness activities or from the use of this Site's services. DESCRIPTION This Site has been developed as a toolset to help our members track their health and fitness progress and to reach their health and fitness goals. The information provided on this Site is intended for educational purposes only, and is not to be relied on as a diagnosis from a physician. As always, before starting any health, fitness, or nutrition program, you should first consult with your physician. "Users" (those with a registered account at The Muscle Lab) may view visual media, submit visual media, and post public comments (collectively referred to as "User Submitted Content") on the Site. The Muscle Lab grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view this Site and the content contained within subject to the terms of this Agreement. ACCESS AND USE By signing up for the services ("Service") provided by this Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. The owners and operators of The Muscle Lab reserve the right to change the Terms of Service at any time. Efforts will be made to make this information freely available and easily accessed by you. You may view the Terms of Service at any time on the web at http://www.themusclelab.com/terms.php. The Muscle Lab and associated sites is an evolutionary project in an effort to create the best possible set of tools for it's members. By subscribing, logging on, or using this Site you acknowledge and agree that the form and nature of the Services provided may change from time to time without prior notice to you. You acknowledge and agree that if the administrators of this Site disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. In order to access certain Services, you may be required to provide information about yourself (such as birthdate, height, and weight to calculcate BMI) or contact details (such as email address) as part of the registration process for the Service. You agree that any registration information you provide to The Muscle Lab and associated sites will always be accurate, correct and up to date. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Muscle Lab. Use of this Site is by permission only. Permission is denied to individuals or entities who would attempt to hack this Site, alter code, steal or harvest content or user information, or otherwise cause a disruption in service. In order to use this Site, you affirm that you are at least eighteen (18) years of age and/or over the age of majority in the jurisdiction you reside and from which you access the Site where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you do not have permission to use this Site. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to The Muscle Lab for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the administrators of The Muscle Lab immediately at admin@themusclelab.com. INTELLECTUAL PROPERTY All content on this Site with the exception of User Submitted Content is owned by and/or licensed to The Muscle Lab, subject to copyright and other intellectual property rights. By submitting User Submitted Content to the Site, you grant The Muscle Lab a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, and display the User Submitted Content, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels. You acknowledge that when using this Site, you will be exposed to User Submitted Content from a variety of sources, and that The Muscle Lab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such User Submitted Content. You acknowledge that you may be exposed to User Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against The Muscle Lab, and agree to indemnify and hold The Muscle Lab's owners and operators harmless. You agree that you are solely responsible for (and that The Muscle Lab has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which The Muscle Lab may suffer) by doing so. This Site may contain links to third party websites and content from third party websites that are not owned or controlled by The Muscle Lab. The Muscle Lab is not responsible for and does not own or operate any other websites not under the themusclelab.com domain. You are responsible for reading and agreeing to the Privacy Policy of any third party website that you may access through links on this Site. By using this Site, you expressly relieve the owner's and operators of The Muscle Lab from any and all liability arising from your use of any third-party website. CONDUCT You acknowledge that you are solely responsible for all User Submitted Content that you post, upload or share on this Site and for any consequences that may arise from User Submitted Content. You agree that you will not post, upload or share any User Submitted Content that you did not create or do not have permission to post. By submitting User Submitted Content you affirm that you own all intellectual property rights, copyrights, trademarks, licenses, and permissions for that content, and you agree to authorize The Muscle Lab to display submitted content on this Site as described in these Terms of Service. By submitting User Submitted Content you warrant that it does not infringe upon the intellectual property rights of another person. You agree that you will not use this Site to (a) post, upload or share any User Submitted Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) post, upload or share any unsolicited commercial email or "spam"; (c) post, upload or share any User Submitted Content that contains viruses or code designed to destroy or interrupt the services that this Site provides, or monitor User activities on this Site, the network this Site resides on, or User's personal computers and/or devices; (d) stalk, harrass, defame, or slander any other individual; (e) post, upload or share any User Submitted Content that depicts activities that violate any federal, state, or local law, or depicts or promotes cruelty to animals. You agree that The Muscle Lab reserves the right to refuse to publish, remove, or block access to any User Submitted Content at any time, for any reason or no reason, with or without notice. If your User Submitted Content violates any of the rules above, The Muscle Lab reserves the right to terminate your account access, restrict your ability to return to the Site, remove the offensive content, and take further legal action if necessary. ACCOUNT TERMINATION The Muscle Lab reserves the right to terminate User's account for any violation of these Terms of Service, at any time, at it's sole discretion, with or without notice. FEES You acknowledge that The Muscle Lab reserves the right to charge subscription fees for services provided and may change these fees at any time. You understand that your account may be terminated in the event of violation of these Terms of Service and any remaining portion of paid subscription fees will be forfeited by you. WARRANTY DISCLAIMER / LIMITATION OF LIABILITY YOU AGREE THAT YOUR USE OF THE MUSCLE LAB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MUSCLE LAB, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE MUSCLE LAB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: 1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, 3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE 5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 6. ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MUSCLE LAB SERVICES, AND/OR 7. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSCLE LAB WEBSITE. THE MUSCLE LAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSCLE LAB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE MUSCLE LAB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MUSCLE LAB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. INDEMNITY You agree to defend, indemnify, and hold harmless The Muscle Lab, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site. MEDICAL AGREEMENT THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY THE MUSCLE LAB IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. YOU ARE ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. NOTHING THAT YOU MAY READ ON THIS SITE SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of The Muscle Lab Services. If you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of The Muscle Lab. The Muscle Lab, Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions. You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition. Terms of Service updated October 8th, 2010