PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (COLLECTIVELY WITH ANY AMENDMENTS, "TERMS AND CONDITIONS") BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY MAGAZINE BODY, LLC AND ITS AFFILIATES (COLLECTIVELY "MAGAZINE BODY", "US", "WE" OR "OUR"). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE OR ANY WEB SITE OF MAGAZINE BODY, AND/OR PLACING AN ORDER FOR MAGAZINE BODY'S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR MAGAZINE BODYS PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE MAGAZINE BODY'S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE MAGAZINE BODY'S PRODUCTS OR SERVICES.
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for www.PowerHourBooty.com, our contests, sweepstakes, promotions, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors’ requests for free products or services, or additional information (including via e-mail to us), and in connection with other activities, services, features or resources we make available on any on www.PowerHourBooty.com. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we reasonably endeavor to ensure that we never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission (through opt-in or similar procedures) except as provided for herein or otherwise as permitted or required under law. Further, we may contact you based on the information you provide online whether in connection with your registration or in such places as the above described forums.
We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of www.PowerHourBooty.com, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate change. We may provide access to your personally identifiable information to our contractors who are performing services for us in connection with www.PowerHourBooty.com or the services that you have requested.
In addition, on occasion, we may collect personal identification information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.
Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
You agree to indemnify and hold harmless Magazine Body, its parents, subsidiaries, shareholders, members, officers, managers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your use of the www.PowerHourBooty.com, your violation of these Terms and Conditions, or your violation of any rights of a third party.
Limitations on Liability:
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MAGAZINE BODY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) WWW.POWERHOURBOOTY.COM; (II) THE USE OR INABILITY TO USE WWW.POWERHOURBOOTY.COM; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON WWW.POWERHOURBOOTY.COM; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH WWW.POWERHOURBOOTY.COM OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF MAGAZINE BODY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAGAZINE BODY'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO MAGAZINE BODY FOR ANY PRODUCTS SUPPLIED BY MAGAZINE BODY THROUGH YOUR USE OF THE SITES OR OTHERWISE.
MAGAZINE BODY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
Notwithstanding any of these Terms and Conditions, Magazine Body reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that Magazine Body shall not be liable for any termination of your use of or access to the www.PowerHourBooty.com.
Only you and Magazine Body shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
Disputes and Waiver Of Class Actions:
Disputes. The terms of this Section shall apply to all Disputes between you and Magazine Body. For the purposes of this Section, "Dispute" shall mean any dispute, claim, or action between you and Magazine Body arising under or relating to the Products, www.PowerHourBooty.com, this Agreement, or any other transaction involving you and Magazine Body, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND MAGAZINE BODY AGREE THAT "DISPUTE" AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR MAGAZINE BODY FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Magazine Body must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to Magazine Body must be addressed to: Magazine Body, LLC, 215 N Arabian Way, Nampa ID 83687, U.S.A., Attn.: Legal Counsel (the “Magazine Body Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Magazine Body and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Magazine Body may commence a judicial proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing a judicial proceeding Waiver. WAIVER OF CLASS ACTIONS. YOU AND MAGAZINE BODY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.
Exclusive Venue for Other Controversies:
Magazine Body and you agree that any controversy excluded from the dispute resolution procedure and waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the District Court of Travis County, Texas, or the United States District Court for the Western District of Texas, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.
Changes to the Sites:
Magazine Body may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of www.PowerHourBooty.com or any products available through or outside of www.PowerHourBooty.com, temporarily or permanently, including the availability of any features of www.PowerHourBooty.com or access to any parts of www.PowerHourBooty.com, at any time without notice to you, and you agree that Magazine Body shall not be liable therefore.
Magazine Body makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from www.PowerHourBooty.com, or sites linking to www.PowerHourBooty.com. The linked sites are not under the control of Magazine Body, and Magazine Body is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Magazine Body of the site or any information contained therein. When leaving www.PowerHourBooty.com, you should be aware that Magazine Body's Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks:
Copyright: All the www.PowerHourBooty.com's materials, including, without limitation, Magazine Body and all Magazine Body product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © [INSERT COPY RIGHT INFO]. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Magazine Body or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Magazine Body or the respective copyright owner. You may not, without the express written permission of Magazine Body or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of www.PowerHourBooty.com, its content, or services or products obtained through www.PowerHourBooty.com; (b) collect and use of any product listings or descriptions; (c) make derivative uses of www.PowerHourBooty.com or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Magazine Body or any third party.
Trademarks: Together with other logos and product names described on www.PowerHourBooty.com, the following includes a partial list of trademarks or registered trademarks of Magazine Body, in the United States and other countries: [INSERT TRADE MARK DATA]. These and all other Magazine Body trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Magazine Body or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Magazine Body, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Magazine Body. Other names and brands may be claimed as the property of others.
www.PowerHourBooty.com is controlled, operated, and administered by Magazine Body from its offices within the United States of America. Magazine Body makes no representation that materials on www.PowerHourBooty.com is appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through www.PowerHourBooty.com are illegal is prohibited. You may not use www.PowerHourBooty.com or export the content or products in violation of U.S. export laws and regulations. If you access www.PowerHourBooty.com from a location outside of the United States, you are responsible for compliance with all local laws.
The Terms and Conditions constitute the entire agreement between Magazine Body and you with respect to your use of www.PowerHourBooty.com, your purchase of products and services through www.PowerHourBooty.com, and as applicable any products or services of Magazine Body. Any cause of action you may have with respect to www.PowerHourBooty.com or Magazine Body's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Magazine Body, and you do not have any authority to create any obligation or make any representation on Magazine Body's behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Magazine Body's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Magazine Body and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms:
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.