Terms Of Use

Terms and Conditions Of Use & DISCLAIMER

AGREEMENT BETWEEN USER AND Big House Power Competitive Athletic Training, LLC

By using this Site, you expressly agree that access to and use of this site and the information contained therein is at your sole risk. Please read these Terms and Condition of Use carefully prior to using this website. If for any reason you do not agree to the Terms and Conditions of Use then you will not have any right to use this web site. You may not use this web site if you are not 13 (thirteen) years old due to The Federal Trade Commission’s Children’s Online Private Protection Act of 1988 and it’s requirements.
The Big House Power Competitive Athletic Training, LLC (referred to as “Big House Power,” “bighousepower.com”, “we,” “us,” or “our” herein) Web Site is comprised of various Web pages operated by Big House Power Competitive Athletic Training, LLC Competitive Athletic Training, LLC.

The Big House Power Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Big House Power Web Site constitutes your agreement to all such terms, conditions, and notices.

ODIFICATION OF THESE TERMS OF USE

Big House Power reserves the right to change, modify, add, or remove portions of these terms, conditions, and notices under which the Big House Power Web Site is offered, including but not limited to the charges associated with the use of the Big House Power Web Site, at any time. Please check these terms periodically for changes. Your continued use of www.bighousepower.com following the posting of changes to these terms will mean you accept those changes.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Big House Power WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Big House Power AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Big House Power WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Big House Power WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

The information, material and other services provided in the Site, including but not limited to, templates, questions and answers, workout programs, nutrition programs, health risk assessment, articles, blogs, forums, glossary of terms, exercise and stretching videos, and other fitness and wellness related information (collectively, Site Resources”) are provided to User for informational and educational purposes only and is “AS IS”. Customers make certain representations as to their physical condition, their workout regimen, and their diet, which cannot be confirmed or denied by the corporation. Some of the information provided by Big House Power requires a thorough understanding of proper exercise techniques and their application. You must exercise care and caution when attempting any of the exercises, regimes, programs, combinations, tips and strategies mentioned and to seek competent help and counsel from trained medical or fitness experts before beginning any new exercise program. Additionally, if you have any questions about your health seek competent medical professionals. Big House Power Competitive Athletic Training, LLC or Joseph Kenn, III are neither responsible nor liable for any harm or injury resulting from use of the information described herein. While Big House Power endeavors to provide the most current and accurate Site Resources as possible, this Site, and the provision of such Site Resources, is not intended to provide professional advice or opinions related to any of the subject matter contained in the Site Resources and the Site Resources should not be relied upon as such. Further, the Big House Power Site and Site Resources are not intended as a substitute for obtaining professional advice and You, the user should not act upon any Site Resources contained in this Site without seeking professional advice. The Site Resources contained in this Site may be general in nature, and may not apply to particular factual circumstances. Furthermore, while Big House Power endeavors to provide current and accurate Site Resources, this Site may not reflect the most current developments and is not guaranteed to be complete, contemporaneous, or correct.

Big House Power AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Big House Power WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Big House Power AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Big House Power AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Big House Power WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Big House Power WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Big House Power WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Big House Power WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Big House Power OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 YOU ARE DISSATISFIED WITH ANY PORTION OF THE Big House Power WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Big House Power WEB SITE.

SERVICE CONTACT : coachkenn@bighousepower.com

LINKS TO THIRD PARTY SITES

The Big House Power Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Big House Power and Big House Power is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Big House Power is not responsible for webcasting or any other form of transmission received from any Linked Site. Big House Power is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Big House Power of the site or any association with its operators.

Big House Power cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from www.bighousepower.com, since other shop channels are owned and operated by independent retailers. Big House Power does not endorse any of the merchandise, nor has Big House Power taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. Big House Power does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Big House Power Web Site, you warrant to Big House Power that you will not use the Big House Power Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Big House Power Web Site in any manner which could damage, disable, overburden, or impair the Big House Power Web Site or interfere with any other party’s use and enjoyment of the Big House Power Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Big House Power Web Sites.

USE OF COMMUNICATION SERVICES

The Big House Power Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.
Big House Power has no obligation to monitor the Communication Services. However, Big House Power reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Big House Power reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Big House Power reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Big House Power’s sole discretion.

You are responsible for maintaining the confidentiality of Your information and Your login and password. You shall be responsible for all uses of Your login and password, regardless of whether these uses are authorized by You. You agree to notify Big House Power immediately of any unauthorized use of Your account or password.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Big House Power does not control or endorse the content, messages or information found in any Communication Service and, therefore, Big House Power specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Big House Power spokespersons, and their views do not necessarily reflect those of Big House Power.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Big House Power OR POSTED AT ANY Big House Power WEB SITE

Big House Power does not claim ownership of the materials you provide to Big House Power (including feedback and suggestions) or post, upload, input or submit to any Big House Power Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Big House Power, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Big House Power is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Big House Power’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

JURISDICTIONAL ISSUES

This site is controlled and operated by Big House Power from its offices within the State of Kentucky, United States of America. Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting educational programs, information and other products available in the United States and its territories, possessions, and protectorates. Big House Power makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION/ACCESS RESTRICTION

Big House Power reserves the right, in its sole discretion, to terminate your access to the Big House Power Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Big House Power Web Site. Use of the Big House Power Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Big House Power as a result of this agreement or use of the Big House Power Web Site. Big House Power’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Big House Power’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Big House Power Web Site or information provided to or gathered by Big House Power with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Big House Power with respect to the Big House Power Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Big House Power with respect to the Big House Power Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

As a User, should You or anyone using Your privileges, violate the terms of this Agreement (as determined in Big House Power’s sole discretion), Big House Power reserves the right to take any action it deems appropriate. This may include, but not limited to, termination of this Agreement, including all Access or Subscription Rights. In addition to any other right of Big House Power to terminate this Agreement, Big House Power further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access or Subscription Rights. Big House Power is not required to provide mail or web page forwarding at termination.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Big House Power Web Site are: Copyright 2009 by Big House Power and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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