• MuscleShok (“MuscleShok”) is a dba of Wagner Solutions, LLC.
• Site (“Site”) is MuscleShok.com and any of its subdomains.
• You (“You” or “Your”) is any party accessing the Site.
• Party (“Party” or “Parties”) is singularly You or MuscleShok or both collectively.
2. Use of the Site
2.3. The Site is only intended for individuals over the age of thirteen (13) who reside in the United States of America. If You do not meet these requirements, You must immediately terminate Your use of the Site.
3. Not Healthcare Advice
The Site is not intended to provide medical advice, diagnosis, or treatment. Nor is it intended as a substitute for advice from Your physician or other healthcare professional or any information contained on or in any product label or packaging. The products, information, services, and other content that may be provided on and through the Site, including, without limitation, information that may be provided on the Site directly or via linking to third-party sites providing advice from a healthcare or nutrition professional, are provided for informational purposes only. Please consult with Your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
4. Links;Third Party Websites
In order to provide You with other helpful information, the Site may contain links to other sites. These other sites are maintained by third parties over which MuscleShok exercises no control. The appearance of any such third-party link is not intended to endorse any particular company or product. If You decide to access any of the third-party sites linked to the Site, You do so entirely at Your own risk.
5. Copyrights; Trademarks
5.1. All copyrightable text, graphics, design, selection, and arrangement of information in the Site are copyrighted by MuscleShok or its licensors, unless otherwise noted, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.
5.2. The trademarks, service marks, trade names, trade dress, and logos contained or described on the Site are the sole property of MuscleShok or its suppliers or licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of MuscleShok or its suppliers or licensors.
5.4. Notifications of copyright infringement claims occurring on the Site should be reported to MuscleShok’s designated agent, as follows: MuscleShok Wagner Solutions, LLC PO Box 350 Hermosa, SD 57744
6. User Activity
6.1. Posting Your own content to or through the Site, including, without limitation, ideas or disclosures of opinions, is voluntary on Your part. No confidential or contractual relationship is established by Your posting of content nor is either to be implied by MuscleShok’s review or subsequent use of Your content. MuscleShok has sole discretion to use or not use any content You submit. MuscleShok shall not be liable for any disclosure of any content, including, without limitation, opinions, or suggestions, You post to or through the Site.
6.2. MuscleShok shall be entitled to unrestricted use of any user content it may receive from You at or through the Site, for any purpose whatsoever, commercial or otherwise, without compensation to You as provider of the content. By posting any of Your own content on the Site, You hereby grant MuscleShok a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology. You specifically waive any “moral rights” in and to the content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to Your content. You represent and warrant that (i) You own the content posted by You on or through the Site or otherwise have the right to grant the license set forth above; and (ii) posting of Your content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any user content You or others post to or through the Site.
6.3. You may send MuscleShok ideas or suggestions to enhance the Site. MuscleShok at its sole discretion can use those ideas or suggestions without any compensation to You unless otherwise provided for in a separate written agreement.
7.1. You assume full responsibility for using the information on the Site, and You understand and agree that MuscleShok is not responsible or liable for any claim, loss, or damage resulting from Your use of the Site.
7.2. MuscleShok makes no warranty of the contents of the Site, including, without limitation, that the Site will be error- or virus-free. Further, MuscleShok does not guarantee against unauthorized users or hackers attempting to obtain access to the Site.
You further agree to indemnify, defend, and hold harmless MuscleShok’s members, mangers, officers, employees, and agents from any and all claims, injuries, damages, losses, legal actions, or suits, including, without limitation, attorney fees, arising out of or in connection with Your use of the Site, including, without limitation, Your posting content to the Site.
9. Modification or Discontinuance of the Site
MuscleShok reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
12. Entire Agreement
13. Applicable Law
15. Dispute Resolution
15.1. Informal Discussions and Mediation: If a dispute arises, the parties will first attempt resolution through informal discussions among the parties. If informal discussions are unsuccessful, the parties will participate in formal mediation with a mediator of mutual choice. The parties may participate in mediation either by telephone or in person, which in-person mediation must take place in Casper, Wyoming.
15.2. Arbitration: If the parties cannot agree upon a mediator or if mediation does not resolve the dispute, then rather than commencing an action at law, the aggrieved Party must initiate arbitration with the American Arbitration Association in accordance with its Commercial Arbitration Rules, as modified by this Agreement. The parties may participate in arbitration either by telephone or in person, which in-person arbitration must take place in Casper, Wyoming. Any Party may file a case in arbitration before informal discussions and mediation are concluded if a time limit for filing imposed by any relevant statute of limitation is about to expire. In that circumstance, the filing Party must continue to attempt to resolve the dispute through informal discussions and mediation before proceeding further in the arbitration.
15.3. Equitable Relief: A Party may seek equitable relief, including an injunction or for specific performance, without first participating in informal discussions and mediation or filing a case in arbitration. A court may grant equitable relief without the moving Party posting a bond or other security.
15.4. Forum Selection; Consent of Jurisdiction. All judicial proceedings to be brought with respect to the Agreement shall be consistent with the those provision stated above (including the enforcing an arbitration award) and shall be brought in a state or federal court located in Casper, Wyoming, and by execution and delivery of this Agreement, the Parties hereto each accepts generally and unconditionally the exclusive jurisdiction of the Court (both personal and subject matter jurisdiction) and irrevocably waives any objection (including, without limitation, any objection of the laying of venue based on the grounds of forum non-conveniens) that any of them may now have or hereafter have to the bringing of any such action or proceeding with respect to this Agreement or any other dispute in the Court.
15.5. Remedies Cumulative. Unless otherwise provided for under this Agreement, all rights of termination or cancellation, or other remedies set forth in this Agreement are cumulative and are not intended to be exclusive of other remedies to which the aggrieved Party may be entitled by law or equity in case of any breach or threatened breach by the other Party of any provision in this Agreement. Use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing any provision of this Agreement.
15.6. Attorneys’ Fees and Costs: The arbitrator or court will award to the prevailing Party arbitration costs, including, without limitation, filing fees, reasonable attorneys’ fees, and expert witnesses’ fees. Further, the prevailing Party is entitled to court costs, including, without limitation, filing fees, reasonable attorneys’ fees and expert witnesses’ fees, and the costs of enforcing or collecting any award or judgment. The prevailing Party is also entitled to the legal rate of interest on any award or judgment.