Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of www.extremesportsdrinks.com following the posting of changes to these terms will mean you accept those changes.

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We respect concerns about the privacy of your personal information. Please review our Privacy Policy to learn how we collect, use, disclose and manage personal information.

The Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requires that Web Sites are to obtain parental consent before collecting, using, or disclosing personal information from children under 13. If you are below 13 then you may NOT use this web site.

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This site is owned and operated by Biomechanical Technologies, LLC (referred to as "BMT," "we," "us," or "our" herein). No material from www.extremesportsdrinks.com or any Web site owned, operated, licensed, or controlled by BMT may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose is a violation of BMTs' copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

You acknowledge and agree that BMT owns all database, compilation, collective and similar rights, title and interests worldwide in our proprietary information databases, and all information and derivative works generated from those databases.

You specifically agree that you will not harvest personal information about BMT members, including phone numbers and email addresses, to be used for any purpose other than that for which the information was explicitly provided. You will not use any information obtained from this site to solicit BMT members for any purpose.

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Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs and other products available in the United States and its territories, possessions, and protectorates. This site is controlled and operated by BMT from its offices within the United States of America. BMT 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.

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These terms are effective until terminated by either party. You may terminate these terms at any time discontinuing use of this site and destroying all materials obtained from any and all BMT site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from BMT for any reason, including without limitation, if, in BMTs' sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other BMT site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

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THE STATEMENTS ON EXTREMESPORTSDRINKS.COM HAVE NOT BEEN EVALUATED BY THE FDA. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

IN ADDITION, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BMT and extremesportsdrinks.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMT and extremesportsdrinks.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BMT and extremesportsdrinks.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BMT or extremesportsdrinks.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Further, BMT and www.extremesportsdrinks.com explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from www.extremesportsdrinks.com from third parties. BMT encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, BMT and extremesportsdrinks.com cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

BMT and extremesportsdrinks.com 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.extremesportsdrinks.com, since other shop channels are owned and operated by independent retailers. BMT and extremesportsdrinks.com does not endorse any of the merchandise, nor has BMT or extremesportsdrinks.com taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. BMT and extremesportsdrinks.com 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.

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Nothing on this site should be construed as granting any license or rights to use, market, sell, or distribute any information from this site without our express written agreement.

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BMT and extremesportdrinks.com does in no way solicite information through this, or any of our Sites. For this reason, subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Site if you are the original author of the material or otherwise have the necessary right to use that material.

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BMT RECOMMENDS YOU CONSULT YOUR PHYSICIAN BEFORE PARTICIPATING IN ANY ACTIVITIES OR TAKING ANY PRODUCTS REFERENCED OR PURCHASED IN THIS SITE AND UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BMT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF BMT OR AN BMT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BMTS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND ANY RELATED PARTIES FROM ALL DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
YOUR REACH OF ANY PROVISION OF THESE TERMS;
ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
You agree to the best efforts to cooperate with us in the defense and control of any matter subject to indemnification by you.

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These terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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