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PRIVACY POLICY FOR LAS VEGAS BARBELL & FACEBOOK & TERMS OF SERVICE

 

LAST UPDATED ON JANUARY 1, 2025

 

 

 

INTRODUCTION 

 

Las Vegas Barbell (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our Facebook application (the “Application”). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the application. 

 

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. 

 

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.  

 

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party. 

 

This Privacy Policy was created using Termly’s Privacy Policy Generator

 

COLLECTION OF YOUR INFORMATION

 

We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:  

 

Personal Data  

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.

 

Derivative Data  

Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, including liking, re-blogging, or replying to a post, as well as other interactions with the Application and other users via server log files.  

 

Financial Data 

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Application. [We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, [Amazon Payments,] [Authornize.Net,] [Braintree Payments,] [Chargify,] [Dwolla,] [Google Checkout,] [Paypal,] [SafeCharge,] [Stripe,] [WePay,] [2Checkout,] [other], and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

 

Facebook Permissions  

The Application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

 

Data from Social Networks  

User information from social networking sites, such as [Apple’s Game Center, Facebook, Google+ Instagram, Pinterest, Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application.

 

Geo-Location Information 

We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

 

Mobile Device Access 

We may request access or permission to certain features from your mobile device, including your mobile device’s [bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

 

Mobile Device Data 

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

 

Push Notifications 

We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

 

Third-Party Data 

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Application permission to access this information.

 

Data From Contests, Giveaways, and Surveys 

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

 

USE OF YOUR INFORMATION

 

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to: 

 

  1. Administer sweepstakes, promotions, and contests. 

  2. Assist law enforcement and respond to subpoena.

  3. Compile anonymous statistical data and analysis for use internally or with third parties. 

  4. Create and manage your account.

  5. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you. 

  6. Email you regarding your account or order.

  7. Enable user-to-user communications.

  8. Fulfill and manage purchases, orders, payments, and other transactions related to the Application.

  9. Generate a personal profile about you to make future visits to the Application more personalized.

  10. Increase the efficiency and operation of the Application.

  11. Monitor and analyze usage and trends to improve your experience with the Application.

  12. Notify you of updates to the Application.

  13. Offer new products, services, mobile applications, and/or recommendations to you.

  14. Perform other business activities as needed.

  15. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

  16. Process payments and refunds.

  17. Request feedback and contact you about your use of the Application. 

  18. Resolve disputes and troubleshoot problems.

  19. Respond to product and customer service requests.

  20. Send you a newsletter.

  21. Solicit support for the Application.

 

DISCLOSURE OF YOUR INFORMATION

 

We may share information we have collected about you in certain situations. Your information may be disclosed as follows: 

 

By Law or to Protect Rights 

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

 

Third-Party Service Providers 

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.  

 

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

 

Interactions with Other Users 

If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs. 

 

Online Postings

When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity

 

Third-Party Advertisers 

We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you. 

 

Affiliates 

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

 

Business Partners 

We may share your information with our business partners to offer you certain products, services or promotions. 

 

Offer Wall  

The Application may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in the Application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave the Application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.  

 

Social Media Contacts  

If you connect to the Application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.

 

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. 

 

Sale or Bankruptcy 

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy. 

 

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly. 

 

TRACKING TECHNOLOGIES

 

Cookies and Web Beacons

[We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.]

 

[We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Application, which is incorporated into this Privacy Policy. By using the Application, you agree to be bound by our Cookie Policy.]

 

Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

Website Analytics 

We may also partner with selected third-party vendors[, such as [Adobe Analytics,] [Clicktale,] [Clicky,] [Cloudfare,] [Crazy Egg,] [Flurry Analytics,] [Google Analytics,] [Heap Analytics,] [Inspectlet,] [Kissmetrics,] [Mixpanel,] [Piwik,] and others], to allow tracking technologies and re-marketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

 

THIRD-PARTY WEBSITES

 

The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

 

SECURITY OF YOUR INFORMATION

 

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

 

POLICY FOR CHILDREN

 

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. 

 

CONTROLS FOR DO-NOT-TRACK FEATURES  

 

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.  

 

OPTIONS REGARDING YOUR INFORMATION

​

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account

  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.]

 

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Application

  • Logging into your account settings and updating your preferences.

  • Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly. 

 

CALIFORNIA PRIVACY RIGHTS

 

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

 

If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

CONTACT US

 

If you have questions or comments about this Privacy Policy, please contact us at:

 

Las Vegas Barbell

6765 S. Eastern Ave. Unit 7

Las Vegas, NV, 89119

(702) 239-0593

info@lasvegasbarbell.com        

 

TERMS OF SERVICE

 

Welcome to www.lasvegasbarbell.com (this “Site”), a website operated by Las Vegas Barbell. The Site

provides visitors and customers with access to content about our businesses and the products and

services we offer. These terms and conditions of use (these “Terms of Use”) govern your general access

to, and use of this Site. If you make a purchase via the Site, the products and services you buy will be

governed by separate legal terms and conditions as described in greater detail below.

 

You consent to and agree with these Terms of Use by virtue of accessing and using the Site. We reserve

the right, at our discretion, to change these Terms of Use from time to time. Please check the Site

periodically for such changes. By continuing to access and use this Site following the posting of changes,

you accept and agree to the revised version. This Terms of Use is a legal document, so clarity is

important. We’ll use this section to let you know about some words that have special meanings

whenever you see them here. The words “you” and “your” refer to each individual accessing this Site

whether or not under an Account. The words “Las Vegas Barbell”, “we”, “us” and “our” refer to Las

Vegas Barbell, acting on behalf of itself and, where applicable, its affiliates and third-party licensors. You

also will notice that we capitalize certain additional words in these Terms of Use even though

grammatical rules do not require them. We do this because, in the context of these Terms of Use, such

capitalized words have specific meanings which can be found where they are first used, as indicated by

bold text.

 

1. Rights and Conditions. You may access and view the audio and visual information, text, graphics,

forms, documents, cartography, images, data, and materials made available on this Site (the “Content”)

on your computer, mobile device, or other Internet-compatible devices solely in connection with your

personal, non-commercial use. You may also make single copies or print-outs of the Content in

connection with your permitted use. You may not make use of this Site including any Content for any

commercial purpose unless you have received our express written prior permission in advance. You

acknowledge that any use of this Site or Content, except as otherwise permitted herein, is a breach of

these Terms of Use, and may put you in violation of Applicable Laws. We will not be responsible or liable

for any loss or damage arising from your failure to comply with these Terms of Use. As explained in the

initial paragraph above, we do not consider our products and services to be part of the Content

governed by these Terms of Use. Products and services are, as indicated, governed by separate legal

terms.

 

2. Applicable Laws. We control and operate the Site from within the United States of America (the

“USA”). The Site is directed at visitors from the USA, 18 years of age and over. The English language

version of these Terms of Use is the controlling version regardless of any translation you may attempt.

We do not represent that this Site or its Content is appropriate or lawful for use in other locations

outside of the USA or that our operation (including our processing and handling of Submitted Materials)

will comply with all local laws. Users who choose to access this Site from outside the USA or provide

Submitted Materials as non-USA citizens, do so of their own initiative and are responsible for

compliance with all applicable local, state, national and international laws and treaties (“Applicable

Laws”). These Terms of Use shall be governed by and construed in accordance with the laws of the State

 

of Idaho and the U.S. federal laws enforced within, without regard to principles of conflicts of laws. All

proceedings relating to us, the Site, or these Terms of Use shall be brought in the state or federal courts

located in Idaho and you hereby irrevocably consent to the personal and exclusive jurisdiction of such

courts.

 

3. Content. Site Content will have a variety of origins, including information generated and provided by

us and third parties. We do not provide any warranty that the Content is or will be:

 

– accurate or complete; – current (or that it will be updated); – error-free (either technically or with

respect to typographical errors); and/or – free from interruptions, computer viruses, or other harmful

components.

 

You may make use of the Content under the rights set forth in these Terms of Use but under no

circumstances will we be liable for any loss or damage caused by your reliance on Content. It is,

therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information,

opinion, advice, or other elements of the Content.

 

4. Social Media. This section applies to everyone who interacts with our social media presence. You are

therefore viewing this page because you either linked from the social media features on this Site (such

as blogs and comments sections) (“Internal Social Media Features”) or from comment sections, feeds,

and other elements of social media presence viewable on Facebook, Twitter, Instagram, YouTube,

Google+, LinkedIn or any of the many other available external third-party social media platforms we

utilize (“External Social Media Presence”). Social media platforms are places of public information

exchange, and you should have no expectation of privacy. Specifically, paragraph 7 hereof does not

apply to our External Social Media Presence. The sites and platforms that host our External Social Media

Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use

will apply. The comments and opinions expressed by users on social media are theirs alone and do not

reflect the opinions of the Las Vegas Barbell Parties. Comments that some would consider inappropriate

or offensive may appear on our Internal Social Media Features and on our External Social Media

Presence and may remain there until they have been identified by us or called to our attention and we

are able to work through the necessary procedures and technical processes to have them removed. If

you see an offensive or inappropriate post or comment on our External Social Media Presence, you

should report it to the operator of the applicable site or platform using the procedures they have

established for that purpose. If you see such a post on Internal Social Media Features it should be

reported directly to us via the contact information below.

 

5. Trademarks and other Intellectual Property Rights. The logos, names, and other similar marks

(collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of

ours and our licensors and may not be used unless authorized by the Trademark owner. Nothing

 

contained on this Site should be construed as granting any such license or other rights to use any

Trademark displayed on this Site. As between you and us, we are the exclusive owners of all rights, title,

and interests, including intellectual property rights (including copyrights, patents, and trademarks),

proprietary rights (including trade secrets and database rights), and moral rights (including rights of

attribution and authorship) throughout the world in and to this Site, its Content and its and their look

and feel, design and organization and compilation. If you believe any content appearing on this Site

violates your intellectual property rights, please give us notice so we can consider appropriate takedown

procedures.

 

6. Account Registration. In order to purchase the Las Vegas Barbell products and services offered on this

Site you will have to register and create an account (an “Account”). Your obligations with respect to your

Account, as well as the rights and obligations you have with respect to products and services you

purchase using your Account will be governed by the separate legal terms and conditions contained in

the End User License Agreement that you will be prompted to review during the purchasing process and

that you will agree to be bound by as part of the account setup and completion of the purchase of our

products and services.

 

7. Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts, or other

materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact

Us” link or user-generated content on our Internal Social Media Features or External Social Media

Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that

personal information portions of Submitted Materials will only be used as described in this paragraph 7.

By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all

necessary rights to do so and that the Submitted Materials comply with Applicable Laws; and (b) you

grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable,

assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate,

create derivative works from, distribute, perform, display, make, sell, export and otherwise use such

material (in whole or part) and/or to incorporate it in other works in any form, media or technology now

known or later developed. We cannot be responsible for maintaining any Submitted Materials that you

provide to us; therefore, you should retain all such data and information in your own records.

 

8. Our Privacy Policies. Our collection of certain information about you including personal information

provided as part of the below described Submitted Materials is subject to the Site’s Privacy Policy

(www.lasvegasbarbell.com/privacy-policy), which is incorporated herein by reference for all purposes.

 

9. Prohibited User Conduct. You are expressly prohibited from engaging or assisting others engaging in

the conduct listed below:

 

interfering with, disrupting, altering, or destroying the Site or its Content; probing, scanning, or testing

the vulnerability of the Site or any system or network on, from, or through which the Site is provided;

attempting to circumvent or defeat any system or network security measures on, from, or through

which the Site is provided; removing, modifying, or obscuring any proprietary rights notices that we

place on the Site; spidering, “screen scraping,” “database scraping,” harvesting or otherwise attempting

automatic or manual means of accessing, logging in to, obtaining data or information from or using this

Site or any Account; impersonating any person or entity or misrepresenting your affiliation with any

other person or entity; transmitting, distributing, disseminating, publishing, or storing any information

that is in violation of Applicable Law or constitutes or contains false or misleading indications of origin,

endorsement, or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent,

or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful

rights of any party; violating the privacy rights of any party under Applicable Law; introducing harmful or

malicious code (such as viruses and malware); or using the Site to send, relay, forward, bounce, reply, or

otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to

as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient,

including by inserting your own or a third party’s advertising, branding or other promotional content

into any of the Site’s Content.

 

10. Third-Party Web Sites. You may see on the Site hyperlinks or pointers to other websites maintained

by third parties and we also may provide third-party content on the Site by framing or other methods

(collectively, “Links”). Links are provided for your convenience and information only. The fact that we

provide a Link does not mean that we endorse, authorize or sponsor that website or offering or that we

are affiliated with the third-party owners or sponsors. Neither the websites nor parties to which a Link

will bring you are under our control and as such we are not responsible in any way for their availability,

content, advertising, products, or materials, including any further links their sites may contain. This

means that once you follow a Link, you are no longer subject to our Privacy Policy. You should,

therefore, carefully review the privacy statements and other conditions of use and sale related to any

Links. We reserve the right to terminate a Link at any time without notice.

 

11. Liability and Indemnity. THE SITE, ITS CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, OR

SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT

PERMITTED BY LAW, Las Vegas Barbell, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, MEMBERS, MANAGERS, AND REPRESENTATIVES (“Las Vegas Barbell PARTIES”)

DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE

DISSATISFIED WITH THE SITE, THE CONTENT, OR ITS PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS

TO DISCONTINUE ITS USE. THE Las Vegas Barbell PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION,

ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES

ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR

PRODUCTS, AND SERVICES THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO

ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING

NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE Las Vegas Barbell PARTIES HAVE BEEN

 

INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the

Las Vegas Barbell Parties harmless from any and all claims, liabilities, costs, and expenses, including

reasonable attorneys’ fees, arising in any way from your use of this Site, or your breach or violation of

Applicable Laws or of these Terms of Use. Las Vegas Barbell reserves the right, at its own expense, to

assume the exclusive defense and control of any matter otherwise subject to indemnification by you,

and in such case, you agree to cooperate with Las Vegas Barbell’s defense of the such claim.

 

12. Term and Termination. These Terms of Use apply to all users of this Site at all times until we

supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue

any aspect of this Site itself, or your right to use it, including your Account, without notice or liability to

you.

 

13. Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement

between us and all visitors and users of the Site; provided that those who become our customers by

purchasing our products and services will also be subject to the EULA. Neither any course of conduct

between the parties nor trade practice will modify these Terms of Use. We may assign our rights and

duties under these Terms of Use to any party at any time without notice to you. You agree that

regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or

related to the use of this Site, these Terms of Use or the Privacy Policy must be filed by you within one

year after such claim or cause of action arose or be forever barred. Should any provision of these Terms

of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary, and

the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these

Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or

negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The

provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability,

and indemnification shall survive termination. The word “including” is exemplary meaning “including,

without limitation” or “including, but not limited to” unless otherwise indicated.

 

If you have questions, please contact us at www.lasvegasbarbell.com

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