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  • Privacy Policy

    PRIVACY POLICY

    MusclePharm® respects and understands consumers’ concerns about the privacy of their personal information. MusclePharm® is a leading company that understands the need to treat consumers’ information in a responsible manner. This Privacy Policy explains MusclePharm®’s commitment not only to your privacy, but to you as a valued customer. It also informs you about the type of information we collect at this Site, how we collect it, what we do with the information, and to whom we might give the information. By using this Site, you agree, without limitation, to the practices described in this Privacy Statement and the Site’s Terms and Conditions of use. If you do not agree to the terms of this Privacy Statement or our Site’s Terms and Conditions, please do not visit our Site.

    PERSONAL INFORMATION. In general, we may collect personal information from visitors to the Site if they (1) sign up to receive newsletters; (2) contact us (including our Webmaster, customer service representatives, or other employees); (3) complete a registration form, survey, or poll; (4) participate in a sweepstakes or contest; (5) make product or service inquiries; (6) purchase products, or (7) participate in the interactive diet and training portion of our Site. In connection with these activities, we may collect personal information, including, but not limited to, name, mailing address, e-mail address, telephone number, age range, birth date, gender, username, password, credit card number, credit card expiration date, photographs, occupation, social security number, other unique identifiers, income range, religion, ethnicity, height, weight, body fat percentage and measurements, areas of interest, fitness goals and exercise patterns, weight-training regimen, eating patterns and food preferences, blood pressure, glucose level, cholesterol and triglyceride levels, medical conditions, medication and supplement use, smoking habits, food allergies or intolerances, level of water intake, experience with other diet programs, and other demographic information.

    We may combine visitors’ personal information with information that we collect from other online and offline sources. This information may include, for example: (1) information we receive from visitors when they call us, redeem coupons or complete our surveys or other forms; (2) information visitors submit to us at our retail locations or special events; and (3) updated contact and other information about our visitors that we may receive from third parties.

    NON-PERSONAL INFORMATION. As part of the standard operation of our Site, we may collect certain non-personal information from visitors to our Site, including, but not limited to, their browser type (e.g., Chrome or Internet Explorer), operating system (e.g., Windows or Macintosh), IP address, and the domain name from which they accessed the site (e.g., lycos.com). In addition, we may collect information about visitors’ browsing behavior, such as the dates and times they visit our Site, the areas or pages of our Site that they visit, the amount of time spent viewing our Site, the number of times the visitor returns to our Site, and other click-stream data. We may use cookies (small text files that are stored on the hard drives of visitors’ computers when they access our Site) to collect this information as well as for other purposes, including, but not limited to, recognizing prior users, retrieving information previously provided by visitors to the Site, remembering passwords of individuals, and for direction to certain areas of our Site.

    Visitors to our Site are always free to decline cookies, but in doing so, they may not be able to use certain features on our Site. The “Help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform users when they receive a new cookie, and how to erase cookies from their hard drives.

    We may also use Web beacons to track information about visitors after they leave the Site, to access cookies, to count page visits, as part of our e-mail campaigns, and to otherwise facilitate visitors’ online experience. In addition, we may contract with third parties that place cookies, Web beacons, or other tools on our site to assist us in collecting non-personal information about our visitors.

    We may combine the non-personal information that we collect with the personal information that we collect about our visitors.

    USE OF INFORMATION. We may use personal information collected from visitors to our Site for any of the following purposes: (1) to fulfill product orders and requests for information about certain products and services; (2) to contact visitors to our Site when necessary (e.g., to respond to inquiries); (3) to send information, promotional materials, and newsletters from our company; (4) to administer contests and sweepstakes offered on our Site; (5) to administer the interactive diet and training portion of our Sites; (6) to help address problems with our Site; (7) to conduct internal reviews of our Sites (e.g., to determine the number of visitors to specific pages within the Site); (8) to help us better understand visitors’ use of our Site; (9) to protect the security or integrity of our Site; (10) to conduct market research; (11) to customize our Site or marketing communications for our visitors and customers; and (12) to help us provide better service to our visitors and customers. Non-personal information will be used for these purposes as well as for conducting internal reviews and monitoring of our Site and providing a greater online experience for our visitors.

    DISCLOSURE OF INFORMATION. We do not share personal information with companies, organizations and individuals outside of MusclePharm® unless you have consented to such disclosure. We may transfer or otherwise disclose information collected from visitors to our Site for the following purposes: (1) to MusclePharm® employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for MusclePharm®; (2) as necessary if MusclePharm® has reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights and property, other users of our Site, or anyone else who could be harmed by such activities; (3) to announce winners of sweepstakes and contests; (4) to announce the results of surveys and polls; (5) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (6) as provided for under the “Unforeseen Circumstances” section below.

    CHILDREN. Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 18.

    THIRD-PARTY WEB SITES. Our Site may contain links to other, third-party web sites, which may have Privacy Policies/Statements that differ from our own. We are not responsible for the activities and practices that take place on these web sites. Accordingly, we recommend that you review the Privacy Policy or Statement posted on any web site that you may access through our Site.

    UNFORESEEN CIRCUMSTANCES. In the event that MusclePharm® or any of its assets are acquired by a third party, personal information acquired by us may be one of the assets transferred.

    PUBLIC MESSAGE BOARDS AND FORUMS. The Site may make chat rooms, forums, message boards, or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

    REQUESTING TO SEE YOU PERSONAL INFORMATION. You may request via e-mail, U.S. Mail or telephone that we provide you with the personal information we have concerning you. Once you receive this information, you may request that we modify or remove any of your personal information. We reserve the right to verify your identity before sending you this information.

    CALIFORNIA RESIDENTS. Residents of California, pursuant to section 1798.83 of the California Civil Code, may request, once per calendar year, from companies conducting business in California a list of all third parties to whom the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct-marketing purposes. In your request, please attest to your being a California resident and provide a current California address for our response.

    Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 18. If you are a California resident and under the age of 18, and a user of this Site, section 22581 of the California Business and Professions Code permits you to request and obtain the removal of content that you have publicly posted. Please note that your request will not ensure a complete removal of the content and that in some cases the statute may not require or allow removal even if requested.

    CHANGES TO THIS PRIVACY STATEMENT. There may be times when we need to amend, modify, remove, or change various aspects of this Privacy Statement, and we reserve the right to do so at our discretion. We recommend that you revisit this Privacy Statement periodically to ensure that you are aware of our current privacy practices. Your continued use of our service following any changes signifies your acceptance of these changes.

    SECURITY. We maintain physical, electronic, and procedural safeguards to protect the personal information you provide to us. Although perfect security does not exist, we believe we have taken steps to protect against the loss, misuse, and alteration of the information under our control. We review our security processes on an ongoing basis to keep up with best practices.

    CONTACT US. If you have any questions about this Privacy Statement or the practices or activities associated with our Site, or if you’d like to have access to or correct your personal information in our database(s) or remove yourself from our database(s), please contact us at customerservice@musclepharm.com , by mail at 4400 W Vanown St. Burbank, CA 91505 or by telephone at 1-800-210-7369.

    TERMS AND CONDITIONS

    This website (“Site”) is owned and operated by MusclePharm® Corporation (“MusclePharm®”) in Denver, Colorado, and its third-party licensors and its affiliates (“MusclePharm®”). By visiting or shopping at www.musclepharm.com you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.

    PRIVACY. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

    DISCLAIMERS You acknowledge and agree that: MusclePharm® is providing this Site “as is” and “as available” and makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. MusclePharm® hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall MusclePharm® be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether MusclePharm® has been advised as to the possibility of such damages. MusclePharm® is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, MusclePharm® will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by MusclePharm®. This Web site may contain forward-looking statements that reflect MusclePharm®’s current expectation regarding future events and business development. Relying on the forward-looking statements involves risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. MusclePharm® intends to update this site on a regular basis but assumes no obligation to update any of the content.

    COPYRIGHT. All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by MusclePharm® and/or its third-party providers and is protected by copyright laws of the United States and international copyright laws. ©MusclePharm Corporation. ALL RIGHTS RESERVED. You may not copy, reproduce,modify, remove, delete, augment, add to, publish, display, transmit, retransmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of MusclePharm®. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of MusclePharm® or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

    TRADEMARKS. All trademarks, service marks and trade names of MusclePharm® are common-law trademarks or registered trademarks of MusclePharm® or its affiliates and third-party licensors, including, but not limited to: MUSCLEPHARM®. Nothing contained in or on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of MusclePharm® has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. MusclePharm® operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.

    SITE ACCESS. You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This prohibition includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from MusclePharm® on this Site and other than generally available third party web browsers (e.g., Chrome, Microsoft Internet Explorer). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MusclePharm® without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MusclePharm® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    USER SUBMISSION.

    A. Any photographs or other content submitted by you for consideration for publication on the MusclePharm®’s Site, collectively referred to as “User Submissions,” shall be subject to the provisions of these Terms and Conditions. By using this Site and submitting User Submissions, you agree to these Terms and Conditions. You understand that whether or not any User Submissions are published, MusclePharm® does not guarantee any confidentiality with respect to the User Submissions, MusclePharm® does not promise or agree to publish any User Submissions, and MusclePharm® will not return any User Submissions but is free, in its discretion, to destroy the User Submissions.

    B. You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to MusclePharm®, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation.

    C. By tendering the User Submissions to MusclePharm®, you warrant, represent and agree that all intellectual property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to MusclePharm® without any further documentation and that MusclePharm® shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that MusclePharm® shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation.

    D. In connection with User Submissions, you warrant, represent and agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights. Further, you warrant, represent and agree that all User Submissions will comply with MusclePharm®’ privacy policy as established from time to time.

    E. You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to any MusclePharm® guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by MusclePharm® to be submitted for consideration of publishing on its Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that MusclePharm® does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions.

    F. You warrant, represent and agree that MusclePharm® has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party.

    G. You warrant, represent and agree that your User Submissions: 1. Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions; 2. Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person; 3. Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner; 3. Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, website or source; and 4. Shall not have been published previously on any website or other medium prior to submission to MusclePharm® shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to MusclePharm® for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms and Conditions.

    DIGITAL MILLENNIUM COPYRIGHT ACT.

    A. Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other content displayed on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MusclePharm®’ Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1 Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MusclePharm®’s designated Copyright Agent to receive notifications of claimed infringement is: Legal Department 4400 W Vanowen St. Burbank, CA 91505  1-800-292-3909. Only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    B. Written DMCA Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User Submission posted and used on this Site, then you may send a counter-notice containing the following information to the Copyright Agent: 1. Your physical or electronic signature; 2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver County, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the MusclePharm® Copyright Agent, then MusclePharm® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at MusclePharm®’s sole discretion.

    PRODUCT AVAILABILITY. Most MusclePharm® products displayed at the Site are available in stores in the United States. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

    YOUR ACCOUNT. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that MusclePharm is not responsible for access by third parties to your account that results from theft or misappropriation. MusclePharm® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

    EXPORT. The U.S export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

    RISK OF LOSS. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

    LINKS. We are not responsible for the content of any sites that may be linked to or from www.musclepharm.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from MusclePharm®, and MusclePharm® has no control over the content of that other website. In addition, no link to any other website implies that MusclePharm® endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MusclePharm® of that third party or of any product or service provided by a third party. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray MusclePharm® or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MusclePharm® logo or other proprietary graphic or trademark as part of the link without our prior express written permission.

    DISCLAIMERS OF WARRANTY. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MUSCLEPHARM®, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER MUSCLEPHARM®, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MUSCLEPHARM® AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MUSCLEPHARM® SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

    LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MUSCLEPHARM® OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MUSCLEPHARM® RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MUSCLEPHARM® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF MUSCLEPHARM® AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MUSCLEPHARM® SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY MUSCLEPHARM® IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION. Prices, descriptions and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).

    ONLINE CONDUCT. You agree to use this Site only for lawful purposes. You agree to use this Site only for its intended purposes. You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit while using this Site. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or content. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), MusclePharm® may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. MusclePharm® reserves the right to prohibit any conduct involving this Site that it deems to be inappropriate. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MusclePharm®; (iii) in the event that MusclePharm® or its assets are sold to a third party, or (iv) to protect the rights or property of MusclePharm®, its Associates and you. MusclePharm® reserves the right to prohibit conduct, communication, or Content that MusclePharm® deems in its sole discretion to be unlawful or harmful to you, MusclePharm®, any rights of MusclePharm®, or any third party. Notwithstanding the foregoing, neither MusclePharm® nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither MusclePharm®, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site. You agree not to disrupt this Site, such as by using any device, software or routine that interferes with this Site’s proper functioning. You agree not to interfere with or compromise the security of this Site. You agree not to disrupt or interfere with any other user’s use of this Site. You agree not to collect, record, process or mine information about other users. You agree not to send bulk e-mails, surveys or other mass messages or to engage in keyword spamming. You agree not to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. You agree not to decompile, disassemble or reverse-engineer any part of this Site in order to identify, acquire, copy or emulate any source code or object code. You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Site and the Internet, including United States copyright laws and export restrictions.

    You agree not to promote a business or any other commercial enterprise or event, or otherwise use this Site for commercial purposes, except as expressly permitted by MusclePharm®.

    You acknowledge that, once published, your submissions to this Site cannot always be withdrawn.

    You assume all risks associated with your submissions to this Site, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in your submissions that enables readers to recognize you.

    You represent and warrant that all information that you provide to gain access to the services provided by this Site is accurate and truthful. Please note that you may expose yourself to liability if, for example, your submissions contain materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual-property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.

    We may use your submissions in a number of ways, including displaying it publicly, reformatting it, incorporating it into (or displaying it next to or near) advertisements and other works, creating derivative works, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By using this Site, you irrevocably grant MusclePharm® the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display publicly, distribute, modify, translate, and create derivative works of, anything you submit for any purpose. You also irrevocably grant the users of this Site and any other media platforms the right to access your submissions in connection with their use of this Site and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to what you submit.

    We reserve the right to remove, screen, edit, reinstate or otherwise regulate what you submit from time to time at our sole discretion, without notice to you, for any reason or no reason. We disclaim all obligations to keep or provide you copies. We do not guarantee the confidentiality of your submissions.

    We have the right but not the obligation to regulate all content on the Site and to enforce these Terms and Conditions at any time.

    We limit access to this Site viewing the linked web pages solely for legitimate business purposes to access the information provided by us at this Site. Any access or attempt to gain access to other areas of our computer system or other information contained on the system, or any of our computers, servers, accounts, networks, data, software or other hardware, for any purposes, whether or not associated with this Site, is strictly prohibited. You may not use any information contained on this Site other than in connection with a legitimate business purpose.

    TERMINATION OF USAGE. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, MusclePharm® or its Associates.

    USAGE BY INDIVIDUALS UNDER THE AGE OF 18. This Site is intended for visitors and users of 18 years of age or older. Nevertheless, we cannot prevent minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. If you are under 18, you may use this Site only with the permission and involvement of a parent or guardian. We require either that all purchases be made by adult individuals 18 years of age or older, or in the event that children under 18 years old make a purchase, that their parent or guardian give verifiable permission for such children to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO MUSCLEPHARM® THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

    COMPLIANCE WITH LAW. Visitors to this Site are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Site and the information, content, material and services contained herein. MusclePharm® intends and has designed this Site for users 18 years of age and older, and does not authorize use by anyone younger than 18.

    INDEMNIFICATION. You agree to defend, indemnify and hold harmless MusclePharm®, including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and employees, from and against any and all claims, damages (actual and statutory), judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of the Site, (b) your tender of User Submissions, and (c) your warranties, representations or agreements contained in these Terms and Conditions

    US SALES ONLY. Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting MusclePharm® products and services available in the United States and select foreign markets. This Site is controlled and operated by MusclePharm® from its offices in Denver, Colorado

    APPLICABLE LAW. By visiting the Site, you agree that the laws of the State of Colorado, U.S.A., without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MusclePharm® and its Associates.

    ACCURACY OF CONTENT. All information, content and material comprising or made available by us on this Site (“Our Content”) serves information purposes only and is not binding upon MusclePharm®. MusclePharm® recommends that users exercise their own skill and care with respect to their use of this Site. Users should carefully evaluate the accuracy, currency, completeness and relevance of the material on the Site for their purposes. MusclePharm® does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. MusclePharm® makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where Our Content is illegal is prohibited.

    MusclePharm® is not a party to, has no involvement or interest in, makes no representations or warranties about, and has no responsibility or liability as to any communications, transactions, interactions, disputes or any relations of any kind between you and any other user, person or organization.

    We may, in our sole discretion and at any time, change Our Content.

    OWNERSHIP OF THIRD PARTY CONTENT. MusclePharm® may display information, content and material supplied by visitors and other third parties on its Site. MusclePharm® maintains no editorial control over this information, content and material. The information, content and material supplied by visitors and other third parties belongs to the respective owners of thereof.

    MUSCLEPHARM® DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES.

    EDITING, DELETING AND MODIFICATION. MusclePharm® reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Site at any time. MusclePharm® may alter the availability of any feature of this Site or service at any time.

    USE OF INFORMATION. MusclePharm® reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures MusclePharm® has taken and what information we retain from your visit to this Site, please read our Privacy Policy, which is incorporated herein by reference.

    SECURITIES LAWS. This Site may include statements concerning our or our affiliates’ operations, prospects, strategies, finances, future performance and demand for this Site. No such statements constitute an offer or solicitation of an offeror the sale of any security. We do not intend any of the information contained herein to be incorporated into any of our securities-related filings or documents.

    INTERNATIONAL USERS. We control, operate and administer this Site from our office in the United States. If you access this Site from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Site or use Our Content in any manner that is restricted by any applicable statutes or regulations.

    DISPUTES. Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to mandatory, confidential arbitration. This clause shall be interpreted broadly in favor of arbitration, and any issues of arbitrability shall be governed by the United States Arbitration Act. Arbitration shall be conducted in Denver County, Colorado except that, to the extent you have in any manner violated or threatened to violate MusclePharm®’s intellectual property rights, MusclePharm® may seek injunctive or other appropriate relief in any state or federal court located in Denver County, State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial arbitration rules then prevailing of the American Arbitration Association by a single arbitrator appointed by the AAA. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should either party file an action contrary to this provision, the other party may be awarded its reasonable attorneys fees and costs. MusclePharm®’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

    SITE POLICIES, MODIFICATION AND SEVERABILITY. Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. These Terms and Conditions supersede any prior agreements, representations, warranties, and understandings with respect to the Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.

    MISCELLANEOUS. Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns. No failure to enforce any of these Terms and Conditions shall be deemed a waiver of those Terms and Conditions or the right to enforce them.

    TRAINERIZE USER CONTENT DISCLAIMER

    The MusclePharm/Trainerize app allows you to post content, including, but not limited to photos, reviews, ideas, suggestions, links, and other personal information. You may choose to provide additional information as part of your public profile, such as gender, first and last name, personal description, photographs, videos, health statistics, health goals, etc. This information, will be part of your public profile page, but will not be publicly visible to others. Anything that you post or otherwise make available on or in connection with our app is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by MusclePharm and its affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of submitting such User Content, you grant MusclePharm and its affiliates a non-exclusive, irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content on our website to prepare derivative works based on User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold MusclePharm harmless for all claims resulting from User Content you supply. MusclePharm is not responsible for and does not endorse the opinions, advice or recommendations in User Content and specifically disclaims all liability in connection therewith. MusclePharm reserves the right to modify, review, delete and refuse to post User Content for any reason. You may otherwise choose to provide us information when you complete related forms, conduct a search, update or add information to your public profile, respond to surveys, post to community forums,  participate in promotions or product reviews , or use any other features on our website. Most importantly, always consult with a qualified healthcare professional prior to beginning any diet or exercise program or taking any dietary supplement. The content on our website is for informational and educational purposes only and is not intended as medical advice or to replace advice provided by a healthcare professional.

    AMBASSADOR AGREEMENT

    THE AGREEMENT: This Ambassador Agreement (hereinafter called the "Agreement") is provided by MusclePharm Corporation , hereinafter referred to as "Company". This Agreement is a legal document between you and the Company that describes the ambassador relationship we are entering into. This Agreement covers your responsibilities as an Ambassador and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.

    1) DEFINITIONS

    The parties referred to in this Agreement shall be defined as follows:

    a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.

    b) You, the Ambassador: You will be referred to as the "Ambassador." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.

    c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."

    d) Ambassador Program: The program we've set up for our ambassadors as described in this Agreement.

    e) Ambassador Application: The fully completed form which must be provided to us for consideration of your inclusion in the Ambassador Program. You can access the application at: https://mailchi.mp/musclepharm/ambassadorprogram

    f) Website: The website located at: https://mailchi.mp/musclepharm/ambassadorprogram will be referred to as Website.

    2) ASSENT & ACCEPTANCE

    By submitting an application to our Ambassador Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Ambassador Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.

    3) AGE RESTRICTION

    You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

    4) PROGRAM SIGN-UP

    In order to sign up for our Ambassador Program, you will first be asked to submit an Ambassador Application. The Ambassador Application may be found at the following website: https://mailchi.mp/musclepharm/ambassadorprogram

    Submitting an Ambassador Application does not guarantee inclusion in the Ambassador Program. The company evaluates every application and are the sole and exclusive decision-makers on Ambassador acceptance. If we choose not to allow your inclusion in the Ambassador Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner.

    If your Ambassador Application is rejected, you may not reapply. If your Ambassador Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Ambassador Application or for you to undertake additional steps to ensure eligibility in the Ambassador Program such as a W-9 form and New Vendor form. 

    5) NON-EXCLUSIVITY

    This Agreement does not create an exclusive relationship between you and us. You are free to work with similar Ambassador program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.

    6) AMBASSADOR PROGRAM

    After your acceptance in the Ambassador Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

    Please be advised the below is a general description of the Ambassador Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

    We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the Company's website at www. musclepharm.com . You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Ambassador Application (collectively, the "Ambassador Site").

    Each time a user clicks through the Link posted on the Ambassador Site and completes the sale of the product or service and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following specific amount: $10 (ten US dollars).

    7) SPECIFIC TERMS APPLICABLE

    Company will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.

    Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account through the portal on which you log into the website.

    As described above, in order to be eligible for payout, user purchases must be "Qualified Purchases." Qualified Purchases include the following:

    a) Must not be referred by any other partner or Ambassador links of the Company (in other words, Qualified Purchases are only available through your specific Ambassador Link;

    b) May not be purchased by an already-existing partner or Ambassador of the Company;

    c) May not be purchased prior to the Ambassador joining the Affiliate Program;

    d) May only be purchased through a properly-tracking Ambassador Link;

    e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;

    f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;

    g) May not have been induced by the Ambassador offering the customer any coupons or discounts;

    8) PAYOUT INFORMATION

    Payouts will only be available when the Company has your current address information as well as accounting and tax documentation such as your W-9 form and New Vendor form.

    For any changes in your address or accounting information, you must notify us immediately at accounts.payable@musclepharm.com.

    Payouts will be available after the 20th of each month and mailed to the address provided on your W-9 form.

    We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

    For any disputes as to payout, the Company must be notified at accounts.payable@musclpeharm.com within thirty days of your receipt of the payout. We will

    review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.

    9) REPORTS

    You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.

    10) TERM, TERMINATION & SUSPENSION

    The term of this Agreement will begin when we accept you into the Ambassador Program. It can be terminated by either Party at any time with or without cause.

    You may only earn payouts as long as you are an Ambassador in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

    If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

    We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

    At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

    11) INTELLECTUAL PROPERTY

    You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").

    Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

    We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

    Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

    Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.

    You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program.

    12) MODIFICATION & VARIATION

    The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

    a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

    b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.

    13) RELATIONSHIP OF THE PARTIES

    Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.

    14) ACCEPTABLE USE

    You agree not to use the Ambassador Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Ambassador Program in any way that could damage our company websites, products, services, or the general business of the Company. You further agree not to use the Ambassador Program:

    I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

    II) To violate any intellectual property rights of the Company or any third party;

    III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

    IV) To perpetrate any fraud;

    V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

    VI) To publish or distribute any obscene or defamatory material;

    VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

    VIII) To unlawfully gather information about others.

    15) AMBASSADOR OBLIGATIONS & FTC COMPLIANCE

    You are responsible for ensuring operation and maintenance of the Ambassador Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Ambassador Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.

    We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Ambassador Program.

    We require all of our Ambassadors comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate/ambassador relationships, such as the relationship between you and the Company, be disclosed to consumers.

    We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.

    You are required to post a conspicuous notice on your website that includes #mpambassador to show your association to the Company and the Ambassador Program.

    The Ambassador marketing program is sponsored by MusclePharm Corporation whereby Ambassadors are eligible to receive compensation through the sale of goods made through this website offered to all of our Ambassadors registered under the program. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.

    If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.

    17) DATA LOSS

    The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.

    18) INDEMNIFICATION

    You agree to defend and indemnify the Company and any of its agents (if applicable) and hold Company harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

    19) SPAM POLICY

    You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

    20) ENTIRE AGREEMENT

    This Agreement constitutes the entire understanding between the Parties with respect to the Ambassador Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

    21) SERVICE INTERRUPTIONS

    The Company may need to interrupt your access to the Ambassador Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

    22) NO WARRANTIES

    You agree that your use of the Ambassador Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Ambassador Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Ambassador Program is your sole responsibility and that the Company is not liable for any such damage or loss.

    23) LIMITATIONS OF LIABILITY

    Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a Consumer on any information obtained on the website, or that result from any mistakes, omissions, interruptions, deletions, files, e-mail errors, defects, or any failure of performance. You hereby acknowledge that this provision shall apply to all content, merchandise and services available through the website as some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states, this disclaimer, exclusions, or limitations may not apply to you, and you might have additional rights; however, you acknowledge that the Company and its Ambassadors shall be limited to the fullest extent permitted by law. If you are dissatisfied with any portion of the website or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the website. Also, if a product purchased through this program is dissatisfactory, your sole remedy is to return the product for a refund.

    24) GENERAL PROVISIONS:

    A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

    B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Los Angeles, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doc.

    C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Los Angeles. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

    D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

    E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

    F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

    H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

    I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Company at the following address: MPLegal@musclepharm.com.

     

    PRIVACY POLICY FOR MUSCLEPHARM
    CORPORATION AMBASSADOR PROGRAM WEBSITE

    Article 1 - DEFINITIONS:

    a) APPLICABLE WEBSITE: This Privacy Policy will refer to and be applicable to the Website listed above being used for the Ambassador program, which shall hereinafter be referred to as "Website".

    b) EFFECTIVE DATE: "Effective Date" means the date this Privacy Policy comes into force and effect.

    c) PARTIES: The parties to this privacy policy are the following data controller: MusclePharm Corporation ("Data Controller") and you, as the user of this Website. Hereinafter, the parties will individually be referred to as "Party" and collectively as "Parties."

    d) DATA CONTROLLER: MusclePharm Corporation is the publisher, owner, and operator of the Website and is the Party responsible for the collection of information described herein. Data Controller shall be referred to either by Data Controller's name or "Data Controller," as listed above.

    e) COMPANY: Shall refer to MusclePharm Corporation, who is the sponsor of the Ambassador Program.

    f) WE, US, OUR: If Data Controller or Data Controller's property, or Company is used it shall be referred to through first-person pronouns, through the use of the following: us, we, our, ours, etc.

    g) YOU: Should you agree to this Privacy Policy and continue your use of the Website, you will be referred to herein as either you, the user, or if any second-person pronouns are required and applicable, such pronouns as 'your", "yours", etc.

    h) GOODS: "Goods" means any MusclePharm goods that we make available for sale on the Website.

    h) PERSONAL DATA: "Personal DATA" means personal data and information that we obtain from you in connection with your use of the Website which is capable of identifying you in any manner.

    Article 2 - GENERAL INFORMATION:

    This privacy policy (hereinafter "Privacy Policy") describes how we collect and use the Personal Data that we receive about you, as well as your rights in relation to that Personal Data, when you visit our Website or purchase our Goods.

    This Privacy Policy does not cover any information that we may receive about you through sources other than the use of our Website. The Website may link out to other websites or mobile applications, but this Privacy Policy does not and will not apply to any of those linked websites or applications.

    We are committed to the protection of your privacy while you use our Website.

    By continuing to use our Website, you acknowledge that you have had the chance to review and consider this Privacy Policy, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Privacy Policy or do not agree to it then you agree to immediately cease your use of our Website.

    Article 3 -CONTACT:

    The Party responsible for the processing of your personal data is: MusclePharm Corporation The Data Controller may be contacted via email at mpambassador@musclepharm.com.

    Article 5 - MODIFICATIONS AND REVISIONS:

    We reserve the right to modify, revise, or otherwise amend this Privacy Policy at any time and in any manner. If we do so, however, we will notify you and obtain your consent to the change in processing. Unless we specifically obtain your consent, any changes to the Privacy Policy will only impact the information collected on or after the date of the change. It is also your responsibility to periodically check this page for any such modification, revision or amendment.

    Article 6 - THE PERSONAL DATA WE RECEIVE FROM YOU:

    Depending on how you use our Website, you will be subject to different types of Personal Data collected and different manners of collection:

    a) Registered users: You, as a user of the Website, may be asked to register in order to use the Website or to purchase the Goods available for sale.

    During the process of your registration, we will collect some of the following Personal Data from you through your voluntary disclosure:

    First name, last name, date of birth, e-mail address

    Personal Data may be asked for in relation to:

    I) Interaction with our representatives in any way

    II) making purchases

    III) receiving notifications by text message or email about marketing

    IV) receiving general e-mails from us

    V) commenting on our content or other user-generated content on our Website, such as blogs, articles, photographs or videos, or participating in our forums, bulletin boards, chat rooms or other similar features

    By undergoing the registration process, you consent to us collecting your Personal Data, including the Personal Data described in this clause, as well as storing, using or disclosing your Personal Data in accordance with this Privacy Policy.

    b) Unregistered users: If you are a passive user of the Website and do not register for any purchases or other service, you may still be subject to certain passive data collection ("Passive Data Collection"). Such Passive Data Collection may include through cookies, IP address information, location information, and certain browser data, such as history and/or session information. The Passive Data Collection shall also apply to all other users and/or visitors of our Website.

    c) Sales & Billing Information: In order to purchase any of the goods on the Website or Company website, you will be asked to provide certain credit information, billing address information, and possibly additional specific information so that you may be properly charged for your purchases. This payment and billing information will not be stored and will be used exclusively to assist with your one-time purchase.

    d) Related Entities: Company may share your Personal Data, including Personal Data that identifies you personally, with any of our parent companies, subsidiary companies, affiliates or other trusted related entities.
    However, Company may only share your Personal Data with a trusted related entity if that entity agrees to our privacy standards as set out in this Privacy Policy and to treat your Personal Data in the same manner that we do.

    f) E-mail Marketing: You may be asked to provide certain Personal Data, such as your name and email address, for the purpose of receiving email marketing communications. This information will only be obtained through your voluntary disclosure and you will be asked to affirmatively opt-in to email marketing communications.

    g) User Experience: From time to time, Company may request information from you to assist us in improving our Website, and the Goods we sell, such as demographic information or your particular preferences.
    h) Content Interaction: Our Website may allow you to comment on the content that we provide or the content that other users provide, such as blogs, multimedia, or forum posts. If so, we may collect some Personal Data from you at that time, such as, but not limited to, username or email address.

    Log Data: Like all websites and mobile applications, this Website also makes use of log files which store automatic information collected during user visits. The different types of log data could be as follows:

    - internet protocol (IP) address; - type of browser and device parameters used to connect to the Website; - name of the Internet Service Provider (ISP);

    - date and time of visit; - web page of origin of the user (referral) and exit; - possibly the number of clicks.

    The aforementioned information is processed in an automated form and collected in an exclusively aggregated manner in order to verify the correct functioning of the site, and for security reasons. This information will be processed according to the legitimate interests of the Data Controller.

    For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also possibly include Personal Data such as IP address, which could be used, in accordance with applicable laws, in order to block attempts at damage to the Website or damage to other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of the user, but only for the protection of the Website and our users. Such information will be treated according to the legitimate interests of the Data Controller.

    Article 8 - THIRD PARTIES:

    The Data Controller may utilize third party service providers ("Third Party Service Providers"), from time to time or all the time, to help us with our Website, and to help serve you.

    The Data Controller may use Third Party Service Providers to fulfill orders in relation to the Website; however, we only share your Personal Data with a Third-Party Service Provider if that provider agrees to our privacy standards as set out in this Privacy Policy.

    Your Personal Data will not be sold or otherwise transferred to other third parties without your approval.

    Notwithstanding the other provisions of this Privacy Policy, we may provide your Personal Data to a third party or to third parties in order to protect the rights, property or safety, of us, our customers or third parties, or as otherwise required by law.

    Data Controller will not knowingly share your Personal Data with any third parties other than in accordance with this Privacy Policy.

    If your Personal Data might be provided to a third party in a manner which is other than as explained in this Privacy Policy, you will be notified. you will also have the opportunity to request that Data Controller not share that information.

    Article 11 - DISCLOSURE OF PERSONAL DATA:

    Although our policy is to maintain the privacy of your Personal Data as described herein, Data Controller may disclose your Personal Data if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

    a) To satisfy any local, state, or Federal laws or regulations

    b) To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies

    c) To bring legal action against a user who has violated the law or violated the terms of use of our Website

    d) As may be necessary for the operation of our Website

    e) To generally cooperate with any lawful investigation about our users

    f) If we suspect any fraudulent activity on our Website or if we have noticed
    any activity which may violate our terms or other applicable rules

    Article 12 - OPTING OUT OF TRANSMITTALS FROM US:

    From time to time, we may send you informational or marketing communications related to our Website such as announcements or other information. You may also click the opt-out link which will be provided at the bottom of any and all such communications.

    Please be advised that even though you may opt-out of such communications, you may still receive information from us that is specifically about your use of our Website or about your account with us.

    By providing any Personal Data to us, or by using our Website in any manner, you have created a commercial relationship with us. As such, you agree that any email sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.

    Article 13 - MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:

    If you wish to modify or delete any information we may have about you, or you wish to simply access any information we have about you, you may do so from your account settings page.

    Article 14 - ACCEPTANCE OF RISK:

    By continuing to utilize the Website and our Company Website in any manner, you manifest your continuing asset to this Privacy Policy. You further acknowledge, agree and accept that no transmission of information or data via the internet is not always completely secure, no matter what steps are taken. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk.

    Article 15 - YOUR RIGHTS:

    You have many rights in relation to your Personal Data. Specifically, your rights are as follows:

    - the right to be informed about the processing of your Personal Dat

    - the right to have access to your Personal Data

    - the right to update and/or correct your Personal Data

    - the right to portability of your Personal Data

    - the right to oppose or limit the processing of your Personal Data

    - the right to request that we stop processing and delete your Personal Data

    - the right to block any Personal Data processing in violation of any applicable law

    - the right to launch a complaint with the Federal Trade Commission (FTC) in the United States or applicable data protection authority in another jurisdiction

    Such rights can all be exercised by contacting us at the relevant contact information listed in this Privacy Policy.

    Article 16 - CONTACT INFORMATION:

    If you have any questions about this Privacy Policy or the way Company collects information from you, or if you would like to submit a complaint about anything related to this Privacy Policy, you may contact the Company at the following email address: MPLegal@musclepharm.com.