TERMS OF SERVICE OF DR. LINDSEY SCHMIDT

Last Modified February 1, 2018

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS website, membership, and store.

All users of this website, membership, and store agree that access to and use of this website, membership, and store are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website, membership, and store.

Copyright

The entire content included in this website, membership, and store, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Muscle Docs, LLC. The collective work includes works that are licensed to The Muscle Docs, LLC. Copyright 2018, The Muscle Docs, LLC.

ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this website, membership, and store for the sole purpose of placing an order with The Muscle Docs, LLC or purchasing The Muscle Docs, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website, membership, and store solely for your own non-commercial use, or to place an order with The Muscle Docs, LLC or to purchase The Muscle Docs, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website, membership, and store is strictly prohibited, unless authorized by The Muscle Docs, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the website, membership, and store.

Trademarks

All trademarks, service marks and trade names of The Muscle Docs, LLC used in the website, membership, and store are trademarks or registered trademarks of The Muscle Docs, LLC.

General Disclaimer

Dr. Lindsey Schmidt is not a medical doctor, registered dietitian, certified personal trainer, or certified nutritionist. The contents of this website, membership, and store, guides, and challenges should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem, nor is it intended to replace the advice of a physician. Always consult your physician or qualified health professional on any matters regarding your health. By participating in our website, membership, and store, guides, and challenges, you are agreeing to accept full responsibility for your actions. All documents and information included or exchanged between Dr. Lindsey Schmidt and the Client are that of Dr. Lindsey Schmidt and not to be copied, sold, or redistributed without consent of The Muscle Docs, LLC.

This website's content is for informational and educational purposes only. It is not intended to provide medical advice or to take the place of medical advice or treatment from a personal physician. All readers/viewers of this content are advised to consult their doctors or qualified health professionals regarding specific health questions. Neither Dr. Lindsey Schmidt nor the publisher and contributors of this content takes responsibility for possible health consequences of any person or persons reading or following the information in this educational content. All viewers of this content, especially those taking prescription or over-the-counter medications, should consult their physicians before beginning any nutrition, supplement, fitness, mobility, exercise, or lifestyle program/membership. Results vary depending on starting point, goals, and effort. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured may have used more than one product or used the membership for a long period of time to achieve their maximum results. Consult your physician and follow all safety instructions before beginning any exercise program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication.

Affiliations & Advertisements

In compliance with the FTC guidelines, please assume the following about links and posts on this website, membership, and store:

Some, but not all, links on themuscledocs.com are affiliate links of which The Muscle Docs, LLC receive a small commission from sales of certain items, but the price is the same for you. As The Muscle Docs, LLC grow, so do costs associated with running and maintaining it, and affiliate links are a way the company helps offset the costs.

If The Muscle Docs, LLC post an affiliate link to a product, it is something that we personally use, support and would recommend without an affiliate link.

Unless otherwise noted, all reviews are of items The Muscle Docs, LLC have purchased and are not paid for or compensated in any way.

The first priority of The Muscle Docs, LLC is to always provide valuable information and resources to help you create positive changes in your life and we will only ever link to products or resources (affiliate or otherwise) that fit within the purpose to help you.

From all of us at The Muscle Docs, LLC, we thank you for your support and promise to always give you our very best in everything we do!

Warranty Disclaimer

This website, membership, and store and the materials and products on this website, membership, and store are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Muscle Docs, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Muscle Docs, LLC does not represent or warrant that the functions contained in the website, membership, and store will be uninterrupted or error-free, that the defects will be corrected, or that this website, membership, and store or the server that makes the website, membership, and store available are free of viruses or other harmful components. The Muscle Docs, LLC does not make any warranties or representations regarding the use of the materials in this website, membership, and store in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

The Muscle Docs, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website, membership, and store or the performance of the products, even if The Muscle Docs, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a The Muscle Docs, LLC product is mistakenly listed at an incorrect price, The Muscle Docs, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Muscle Docs, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Muscle Docs, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the website, membership, and store and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Muscle Docs, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

The Muscle Docs, LLC may deliver notice to you by means of e-mail, a general notice on the website, membership, and store, or by other reliable method to the address you have provided to The Muscle Docs, LLC.

Miscellaneous

Your use of this website, membership, and store shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website, membership, and store (including but not limited to the purchase of The Muscle Docs, LLC products) shall be in the state or federal courts located in Sarasota County, Florida. Any cause of action or claim you may have with respect to the website, membership, and store (including but not limited to the purchase of The Muscle Docs, LLC products) must be commenced within one (1) year after the claim or cause of action arises. The Muscle Docs, LLC‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Muscle Docs, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of website, membership, and store

Harassment in any manner or form on the website, membership, and store, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Muscle Docs, LLC. or other licensed employee, host, or representative, as well as other members or visitors on the website, membership, and store is prohibited. You may not upload to, distribute, or otherwise publish through the website, membership, and store any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website, membership, and store or use the website, membership, and store to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

The Muscle Docs, LLC does not and cannot review all communications and materials posted to or created by users accessing the website, membership, and store, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, membership, and store, The Muscle Docs, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website, membership, and store. However, The Muscle Docs, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Muscle Docs, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless The Muscle Docs, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website, membership, and store using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, The Muscle Docs, LLC may link to website, membership, and store operated by third parties. However, even if the third party is affiliated with The Muscle Docs, LLC. The Muscle Docs, LLC has no control over these linked website, membership, and store, all of which have separate privacy and data collection practices, independent of The Muscle Docs, LLC. These linked website, membership, and stores are only for your convenience and therefore you access them at your own risk. Nonetheless, The Muscle Docs, LLC seeks to protect the integrity of its web website, membership, and store and the links placed upon it and therefore requests any feedback on not only its own website, membership, and store, but for website, membership, and stores it links to as well (including if a specific link does not work).

1. BINDING EFFECT. This is a binding agreement. By using the Internet website, membership, and store located at(the “website, membership, and store”) or any services provided in connection with the website, membership, and store (the “Service”), you agree to abide by these Terms of Use, as they may be amended by The Muscle Docs, LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the website, membership, and store any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the website, membership, and store and cease all use of the Service and the website, membership, and store. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3. USE OF SOFTWARE. Company may make certain software available to you from the website, membership, and store. If you download software from the website, membership, and store, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to the website, membership, and store or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the website, membership, and store or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website, membership, and store or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the website, membership, and store or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the website, membership, and store is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website, membership, and store or with the Service.

8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the website, membership, and store. To ensure that Company provides a high quality experience for you and for other users of the website, membership, and store and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the website, membership, and store or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the website, membership, and store immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the website, membership, and store or the Service by others.

9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE website, membership, and store AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE website, membership, and store OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE website, membership, and store, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE website, membership, and store OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE website, membership, and store OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE website, membership, and store OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

11. AFFILIATED website, membership, and storeS. Company has no control over, and no liability for any third party website, membership, and stores or materials. Company works with a number of partners and affiliates whose Internet website, membership, and stores may be linked with the website, membership, and store. Because neither Company nor the website, membership, and store has control over the content and performance of these partner and affiliate website, membership, and stores, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such website, membership, and stores, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those website, membership, and stores. Similarly, from time to time in connection with your use of the website, membership, and store, you may have access to content items (including, but not limited to, website, membership, and stores) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the website, membership, and store and the Service. You are prohibited from violating or attempting to violate any security features of the website, membership, and store or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the website, membership, and store, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, membership, and store or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website, membership, and store or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the website, membership, and store or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, membership, and store, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of website, membership, and store or Service are: Copyright © 2018 The Muscle Docs, LLC. All rights reserved.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law.

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. NO LICENSE. Nothing contained on the website, membership, and store should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

19. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the website, membership, and store and/or the Service; and (c) discontinue the website, membership, and store and/or Service at any time. Company shall post any revision to these Terms of Use to the website, membership, and store, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the website, membership, and store periodically to be aware of any revisions. You agree that, by continuing to use or access the website, membership, and store following notice of any revision, you shall abide by any such revision.

20. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE website, membership, and store, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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