Terms and Conditions Related to the Website owned and operated by
TRAINED BY LUKE, INC.
1. Introduction
Welcome to our website. If you continue to access this website or purchase or download the products, services, and materials available here, you must agree to comply with certain terms and conditions. This document sets forth those terms and conditions (“Terms and Conditions”) which govern your use of the Internet website operated by Trained By Luke, Inc. (“TBL”), located at “www.TrainedByLuke.com” (the “Site”), and the information, products, services, free links, and videos made available on and/or through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions – which can also be found at http://www.trainedbyluke.com/conditions.html – form a binding agreement (the “Agreement”) between you (“User”, “You”, or “Your”), and TBL. For all purposes of this Agreement the term “TBL” shall include not only Trained By Luke, Inc., but also Trained By Luke T.V., the Trained By Luke You Tube Channel, and all of their respective principals, directors, officers, shareholders, and employees.
2. Acceptance of Terms and Conditions
Your use of the Site, and/or Your purchase or use of the services and products offered on the Site confirms your acceptance of these Terms and Conditions. If You do not accept these Terms and Conditions, You may not: (1) use the Site; (2) purchase any goods or services offered on the Site; or (3) download any material from the Site. Please review these Terms and Conditions each time You use the Site, as they are subject to change at any time by TBL without notice to you. Any changes to these Terms and Conditions will be effective immediately upon their posting to the Site.
3. Consultation with Physician
The Site describes, and offers, either for purchase or on a “no-charge” basis, certain products and services. Your use of the techniques, exercises, products, or services made available on the Site, absent prior consultation by You, as the User, with a physician to determine whether You are healthy enough to use any given program, technique, exercise, or supplement, is entirely at your own risk. In addition to the limitations or liability set forth below, TBL is not liable for any subsequent health problem or injury which may occur to you if you have failed to consult a physician.
4. Intellectual Property
The text, graphics, designs, logos, button icons, images, video and audio clips, data compilations and information, metadata, organization, look and feel, advertising, and all other protectable intellectual property contained on the Site (the “Content”) are owned or controlled by, and are the exclusive property of, TBL or its licensors, and are protected by United States and international copyright and other intellectual property laws. You may download the Content solely for Your personal use for noncommercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever. All logos and trademarks displayed on the Site are the registered trademarks or service marks of TBL, or are the trademarks, service marks, trade names, and/or trade dress of their respective owners (collectively, the “Trademarks”). Depictions of products or services on the Site are therefore protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of TBL, or the owner of any of the Trademarks.
5. No License
Nothing contained herein shall be construed as conferring any license or right to any patents, copyrights, trademarks, or other intellectual property embodied in, or depicted on, the Site. All right, title and interest in the Content and the Trademarks shall reside solely with TBL or the respective owners thereof.
6. No Warranties
Neither TBL nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability for any particular purpose of the information and materials found or offered on the Site. You acknowledge that such information and materials may contain inaccuracies or errors, and TBL expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
7. Assumption of Risk
Your use of any information, materials, techniques, or products, offered on the Site is entirely at Your own risk, and TBL shall not be liable for such use. It shall be Your own responsibility to ensure that any products, services, information, techniques, or other materials made available through the Site meet Your specific requirements.
8. Links
From time to time, the Site may also include links to other websites (the “Linked Sites”). These links are provided for Your convenience to provide further information. They do not signify that TBL endorses such a website. TBL does not own or control, or have any responsibility for, the content of any linked website.
9. Hyperlinks
From time to time, as a convenience to you, the User, the Site may include links to third party web sites (the “Hyperlinked Sites”), or permit third parties to link to this Site. Links to or from a Hyperlinked Website, whether provided by TBL or not, do not imply any affiliation between TBL and the Hyperlinked Site, or an endorsement of such Hyperlinked Site. We may cancel any link at any time, and will remove any Hyperlinked Site from this Site upon request from the owner of the linked site. Such requests should be emailed to info@TrainedByLuke.com.
10. Availability of Products and Services
Not all of the products and services described on this Site are available in all geographic areas of the world. For example, the supplements described on the Site are available only in the USA. You may not be eligible for all of the described products or services, and TBL reserves the right to determine the eligibility of any user for any product or service. The material and information relating to each product or service may provide additional information on the availability of such product or service, and may contain additional terms governing eligibility.
11. Accuracy of Content
TBL will make every reasonable effort to include accurate and up to date content on the Site. Notwithstanding, TBL provides such content for informational purposes only, and does not warrant or represent that descriptions of products or services, or other information contained on the Site, are complete, accurate, reliable, current, or error-free.
12. Disclaimer of Warranties and Limitations of Liability
YOU, THE USER, AGREE THAT THE SITE, THE INFORMATION ON THE SITE, AND THE PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. TBL MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE OR ON OTHER SITES WHICH ARE LINKED OR HYPERLINKED TO THE SITE WILL BE CURRENT, TIMELY, COMPLETE, OR ACCURATE. TBL HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED OR HYPERLINKED TO THE SITE, AND DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO LINKED SITES AND/OR HYPERLINKED SITES. YOUR USE OF LINKS TO SUCH SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES WITH RESPECT TO CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER WEB SITE TO WHICH THIS SITE LINKS, THAT WARRANTY IS LIMITED TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL TBL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, ANY LINKED OR HYPERLINKED SITE, OR ANY PRODUCT, SERVICE, TECHNIQUE, OR EXERCISE MADE AVAILABLE THROUGH THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO, WITHOUT LIMITATION, ANY CLAIM FOR PROFITS, BUSINESS INTERRUPTION COSTS, OR SIMILAR PURPORTED DAMAGES. TBL ALSO IS NOT LIABLE FOR ANY CLAIMED ILLNESS OR INJURY ALLEGEDLY CAUSED BY THE USE OR CONSUMPTION OF ANY TECHNIQUE, PRODUCT, OR SERVICE OFFERED ON THE SITE.
13. Additional Disclaimers Regarding Supplements
THE SITE OFFERS FOR SALE AND PURCHASE, AND INTENDS TO CONTINUE TO OFFER FOR SALE AND PURCHASE IN THE FUTURE, ONE OR MORE DIETARY SUPPLEMENTS INTENDED TO IMPROVE THE GENERAL PHYSICAL CONDITION OF THE USER. AS OF NOW, THE TWO SUPPLEMENTS OFFERED ON THE SITE ARE THE “PRE-WORKOUT SUPPLEMENT,” AND “THE WHEY PROTEIN SUPPLEMENT” (COLLECTIVELY THE “SUPPLEMENTS”). TBL DOES NOT MANUFACTURE THESE SUPPLEMENTS ITSELF, AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THEIR FITNESS FOR ANY USE, THEIR SAFETY, OR THEIR EFFICACY. THE SUPPLEMENTS HAVE NOT BEEN REVIEWED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, AND DO NOT AND ARE NOT INTENDED TO, DIAGNOSE, CURE OR TREAT ANY DISEASE, AND ARE NOT REPRESENTED AS DIAGNOSING, CURING, OR TREATING, ANY DISEASE, INJURY, OR PHYSICAL, MENTAL, OR EMOTIONAL MALADY. ACCORDINGLY, USE OF THE SUPPLEMENTS OFFERED ON THE SITE IS AT YOUR SOLE RISK AS THE USER, AND TBL DISCLAIMS ANY LIABILITY FOR ANY ALLEGEDLY NEGATIVE RESULT OF THE USE OF THE SUPPLEMENTS. AS NOTED, TBL MAY OFFER ADDITIONAL SUPPLEMENTS IN THE FUTURE. IF THAT OCCURS, USE OF THOSE SUPPLEMENTS WILL BE GOVERNED BY THE SAME TERMS SET FORTH IN THESE TERMS AND CONDITIONS.
14. Entire Agreement
By using this Site, and utilizing the products, services, and information contained on the Site, You agree that this Agreement contains the final and entire agreement between TBL and You, the User, regarding Your uses of the products and services identified on the Site, and supersedes all previous and contemporaneous oral or written agreements regarding Your use of those products or services and the Site itself. TBL may discontinue or change the products or
services, or their availability to You, at any time. This Agreement is personal to You, which means that You may not assign Your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
15. Governing Law and Venue
You agree by virtue of Your use of the Site, and/or any products or services made available on the Site, that these Terms and Conditions, and disputes arising regarding them or this Agreement, are governed by the internal substantive laws of the State of California in the United States of America, without respect to its conflict of laws principles. You also agree that jurisdiction and venue for any claims arising from the use of the Site, or these Terms and Conditions, shall lie exclusively with the State and, if applicable, Federal courts within the County of Los Angeles, California, or the Central District of California, respectively. You hereby irrevocably consent to the jurisdiction of these State and Federal courts.
16. Severability
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of TBL to enforce any specific term or condition contained in these Terms and Conditions shall not be deemed a waiver, or constitute an estoppel, thereof, and shall not prevent the later enforcement by TBL of any such term or condition.
17. Changes and Notice Thereof
The information contained in these Terms and Conditions may be changed or updated by TBL from time to time, without prior notice, by posting the modified Terms and Conditions to the Site. TBL may also make improvements and/or changes in the products and/or services described on the Site at any time without notice. It is Your obligation to review these Terms and Conditions on an ongoing basis. Your continued use of the Site, purchase of products and services offered on the Site, and/or Your downloading or use of any written and/or video available on the Site, constitutes Your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, You must cease Your use of this Site, and the purchase and/or downloading of any products, services, material, or information from the Site.
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