Modification of Terms
Permitted Use and Restrictions
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, Content, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential, and we and other users of the Site shall have a royalty-free, worldwide, perpetual, irrevocable, sublicensable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions, including without limitation for promotional and other commercial purposes. When you post certain Submissions (such as comments or reviews) to the Site, you also grant us the right to use the name and any other personally identifiable information (such as your photo or social media handle) that you include with such Submission. For clarity, the foregoing license grants to us and our users does not affect your ownership or license rights in your Submissions, including the right to grant additional licenses to your Submissions, unless otherwise agreed in writing. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on this Site and that use of your Submissions by us and other users of the Site will not infringe upon or violate the rights of any third party. You further agree that your Submissions will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice.
Content from other Users, Links, Search Results, Advertising and Third-Party Sellers
This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.
You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including LockerroomVIP Software and all HTML and other code contained in this Site, but excluding your Submissions for purposes of this paragraph, shall remain at all times vested in LockerroomVIP and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws, common laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by LockerroomVIP and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by LockerroomVIP infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to LockerroomVIP, email below. suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Disclaimer of Warranties
FROM TIME TO TIME, LockerroomVIP MAY OFFER HEALTH AND WELLNESS RELATED CONTENT. YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT OR USING ANY HEALTH RELATED PRODUCT. LockerroomVIP does not warrant and shall have no liability for information provided in this site regarding recommendations concerning products for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration unless otherwise indicated. Health and wellness related products on this Site are not intended to diagnose, treat, cure or prevent disease. Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. LockerroomVIP makes no guarantee or warranty, express or implied, with respect to any health or wellness related products or services sold, including any warranty of merchantability or fitness for a particular purpose. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SITES (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES (INCLUDING OUR SITE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR SITES (OR SITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITES (OR SITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITES (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LockerroomVIP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LockerroomVIP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE(EVEN IF LockerroomVIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO LockerroomVIP FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO LockerroomVIP IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50). Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN LockerroomVIP AND YOU. LockerroomVIP WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold LockerroomVIP (and its officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Term of Service, or your violation of any law or the rights of a third party.
Applicable Law: The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the State of New York and as those laws apply to agreements entered into and to be performed entirely within New York, without regard to conflict of law provisions.
Forum and Jurisdiction: You agree that any claim or dispute you have or may bring against LockerroomVIP must be resolved by an appropriate federal or state court located in the County of Nassau, New York. You agree to submit to the personal jurisdiction of the courts located in the County of Nassau, New York for the purpose of litigating any claim or dispute you have with or bring against LockerroomVIP. Notwithstanding the foregoing, to the extent LockerroomVIP believes that you have in any manner violated (or you threaten to violate) LockerroomVIP’s intellectual property rights, you agree that LockerroomVIP is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Other General Provisions
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
Publisher Sourcing Disclosure
In order to provide our advertising partners and clients transparency into paid traffic sources and establish trust and security for their clients and brands, we disclose the percentage of sourced traffic by quarter. We do this in conjunction and in compliance with the Trustworthy Accountability Group. We define Sourced Traffic as any non-organic originating traffic. This may mean Facebook, native ads, paid search, or other digital paid sources. Below is our percentage of paid traffic sources by quarter:
|Quarter||Percentage of Sourced Traffic|
We maintain procedures to ensure that sourced traffic can be attributed to each traffic source. This includes the ability to differentiate between organic traffic, paid search and other online advertising campaigns so that this traffic can be properly monitored and reported. We maintain procedures to detect when the number of clicks measured by the traffic source differs significantly with the number of landings attributed to each traffic source as measured by our reports. We maintain procedures to ensure compliance with industry best practices as outlined in the MRC Invalid Traffic and Detection Guidelines. We maintain procedures to challenge the legitimacy/quality of traffic from a given traffic source.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at [email protected]