| Term
of Use
The Hercules
Weightlifting and Strength Training Academy (HWSTA) maintains this website
(site)as a service to its customers. By accessing and/or using the web
site owned, operated and/or maintained by the HWSTA, you are expressly
agreeing to comply with and be bound by the following Terms of Use and
the Active Privacy Statement, as well as all applicable laws and regulations.
We've created these Terms of Use to protect you and to ensure that the
HWSTA is fun for everybody. If you do not agree with these Terms of Use,
you are not authorized to use the HWSTA site and must not access or use
them! HWSTA may revise and update these Terms of Use at any time; please
periodically review them, because your continued usage of the HWSTA site
indicates your agreement with any such changes.
1. Copyright
Ownership. All content included on the HWSTA site, such as text, graphics,
logos, button icons, and images, is the property of HWSTA or its content
suppliers and protected by the international copyright laws.
Permitted Use. The content on the HWSTA site may be used as an information
and shopping resource. In addition, HWSTA hereby authorizes you to view,
copy, and print for personal use only any HWSTA-owned content on the HWSTA
site. Such personal use is subject to the following conditions: (i) content
may be used only for non-commercial, informational purposes and may not
be posted or distributed, (ii) the content may not be modified, and (iii)
copyright, trademark and other proprietary notices may not be removed.
This permission does not extend to the HWSTA logos or other design elements,
which you may not duplicate, download, publish, modify or otherwise distribute.
2.Links;
Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web
sites. The linked sites are not under our control, and we make no representations
as to the quality, suitability, functionality or legality of any sites
to which we may provide links. You hereby waive any claim you might have
against HWSTA with respect to such sites.
In addition, you may order services or merchandise through the HWSTA site
from other persons/institutions (the Seller). All matters concerning the
merchandise and services desired from the Seller, including but not limited
to purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and the Seller. HWSTA makes no warranties
or representations whatsoever with regard to any goods or services provided
by Sellers. You will not consider HWSTA, nor will HWSTA be construed as,
a party to such transactions, whether or not HWSTA may have received some
form of revenue or other remuneration in connection with the transaction.
You agree that HWSTA will not be liable for any costs or damages arising
out of such transactions, either directly or indirectly.
HWSTA and/or third parties may, from time to time, send e-mail messages
to you containing advertisements, promotions, etc. HWSTA makes no representation
or warranty with respect to the content of any such e-mail messages or
any goods or services, which may be obtained, from such third parties,
and you agree that neither HWSTA nor such third party shall have any liability
with respect thereto.
3. Disclaimer
of Warranties
YOU EXPRESSLY AGREE THAT USE OF HWSTA IS AT YOUR SOLE RISK. HWSTA IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. HWSTA EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT.
THE INFORMATION ON HWSTA IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER
HWSTA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN HWSTA,
ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. HWSTA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL
ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR,
THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES
ON HWSTA CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST
CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES
DESCRIBED OR RECOMMENDED ON HWSTA.
HWSTA makes no warranty that the HWSTA site services will be uninterrupted,
secure or error free. HWSTA does not guarantee the accuracy or completeness
of any information in, or provided in connection with, the HWSTA site.
HWSTA is not responsible for any errors or omissions, or for the results
obtained from the use of such information. You understand and agree that
any material and/or data downloaded or otherwise obtained through the
use of the HWSTA site is at your own discretion and risk and that you
will be solely responsible for any damage.
4. Limitation
of Liability
HWSTA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY
TO USE HWSTA OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR TRANSACTIONS
ENTERED INTO THROUGH HWSTA OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
HWSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
You agree to indemnify and hold each of HWSTA and its officers and employees
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of HWSTA, the
violation of these Terms and Conditions by you, or the infringement by
you, or any other subscriber of your account, of any intellectual property
or other right of any person or entity.
6. Termination
HWSTA reserves the right, at its sole discretion, immediately and without
notice to suspend or terminate (i) these Terms of Use; (ii) your registration
with or ability to access HWSTA and/or any other service provided to you
by HWSTA upon any breach by you of the Terms of Use or upon your demonstration
of conduct that HWSTA determines to be inappropriate.
7. Applicable
Law; Consent to Jurisdiction
The HWSTA site (excluding linked sites) are controlled by HWSTA from its
office within the Province of Manitoba, Canada. The HWSTA site can be
accessed from around the world. As each of these places has laws that
may differ from those of Manitoba and Canada, by accessing the HWSTA site
both you and HWSTA agree that the statutes and laws of the Province of
Manitoba, without regard to the conflict of laws principles thereof, will
apply to all matters relating to use of the HWSTA site.
You agree that exclusive jurisdiction for any dispute with HWSTA, or in
any way relating to your membership or use of HWSTA, resides in the courts
of the Province of Manitoba and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of the Province
of Manitoba in connection with any dispute including any claim involving
HWSTA or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
8. Miscellaneous
The failure of either party to insist upon or enforce strict performance
by the other party of any provision of the Terms of Use or to exercise
any right under the Terms of Use will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely upon
any such provision or right in that or any other instance, rather, the
same will be and remain in full force and effect.
HWSTA may assign its rights and obligations under these Terms of Use and
upon such assignment HWSTA may be relieved of any further obligation hereunder.
You represent to HWSTA that you have the authority to register with HWSTA
according to these Terms of Use.
With your prior approval, HWSTA reserves the right to charge fees, surcharges
and/or membership fees at any time.
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