TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to MensFitClub.com and its related sites (the “Site”), provided by TSI Group, Inc. These Terms of Use and any amendments thereto (the “Terms”) govern your use of this Site, its related domains, and any use of third party applications, or website to process payments on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with MFC for products, services, or otherwise. If you register for any additional services, additional rules, policies, and disclaimers may apply.

Privacy Policy

Users of this Site should refer to MensFitClub.com’s Privacy Policy for information about how MFC uses and collects information. You agree that MFC may disclose your personal information to a third party if MFC believes in good faith that the law or legal process requires it, to protect the rights or property of MFC or others, or as otherwise described in the Privacy Policy for MensFitClub.com.

Product Information

For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service webpage.

Our Satisfaction Guarantee

The MensFitClub Program carries a 60-day money-back guarantee from the purchase date in the event that you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in securing the proper refund, please visit our online Contact Us page and submit an inquiry. We will respond typically within 24 hours if during normal business hours.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by MFC prior to MFC’s acceptance of an order, unless otherwise agreed by MFC. MFC may need to verify information you provide before MFC accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, MFC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. MFC expressly conditions its acceptance of your order on your agreement to the Terms.

In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to MFC is registered to you. MFC shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to MFC. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.

All prices displayed on the Site are quoted in U.S. dollars. MFC may prohibit delivery to addresses outside the United States and Canada. MFC will add shipping and handling fees and applicable sales/use tax. MFC reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last, and digital products may not be available. Descriptions of, or references to, products not owned by MFC on the Site do not imply endorsement of that product, or constitute a warranty, by MFC.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT MFC DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO MFC FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, MFC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES MFC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.

ALTHOUGH MFC STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, MFC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MFC DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

MFC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL MFC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF MFC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MFC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MFC FOR ANY PRODUCTS SUPPLIED BY MFC THROUGH YOUR USE OF THE SITE.

MFC will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the MFC and MensFitClub.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2013 and beyond TSI Group INC. ALL RIGHTS RESERVED. MFC or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MFC or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of MFC or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of MFC or any third party.

Trademarks: The following are trademarks or registered trademarks of MFC in the United States and other countries: MFC, MensFitClub.com, the logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of MFC or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of MFC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MFC. Other names and brands may be claimed as the property of others.

Linked Sites

MFC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of MFC and MFC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by MFC of the site or any information contained therein. When leaving the Site, you should be aware that MFC’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
Not to use, frame, or utilize framing techniques to enclose any MFC trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without MFC’s express written consent;
Not to use meta tags or any other “hidden text” utilizing a MFC name, trademark, or product name without MFC’s express written consent;
Not to copy, translate, or retransmit any of our articles, videos, or other intellectual property without our written consent.
Not to deeplink to this Site without MFC’s express written consent;
Not to create or use a false identity on this Site;
Not to collect or store personal data about others;
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by MFC.
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is MFC’ policy to respect the copyright and intellectual property rights of others. MFC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, MFC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that MFC or any user of our Site has infringed your copyright in any material way, please notify MFC, and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
An identification of the copyrighted work claimed to have been infringed;
An identification of the material that you claim is infringing so that we may locate it on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Please direct inquiries regarding copyright issues by e-mail to: info@MensFitClub.com, or by mail to:

TSI Group INC
401 E. Las Olas Blvd
Suite 130-482
Fort Lauderdale, FL 33301
Attn: Men’sFitClub.com

You agree to indemnify and hold harmless MFC, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

The terms of this section survive any termination of the Terms.

SEC Disclosure

The information contained within press releases issued by MFC should not be deemed accurate or current except as of the date the release was posted. MFC has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site

MFC may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that MFC shall not be liable therefor.

International Users

This Site is controlled, operated, and administered by MFC from its offices within the United States of America. MFC makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the County of Broward and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, MFC reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that MFC shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed 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.

The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

General

The Terms constitute the entire agreement between MFC and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by MFC to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and MFC, and you do not have any authority to create any obligation or make any representation on MFC’s behalf. You may not assign this agreement, by operation of law or otherwise, without MFC’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and MFC and their respective successors and assigns.

The terms of this section survive any termination of the Terms.