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LEGAL: PRIVACY POLICY, TERMS OF
USE, DISCLAIMER, AFFILIATE AGREEMENT, ETC. PRIVACY POLICY Last Updated June 20,
2008 BeginnersWeightLiftingProgram.com
and Bullpen Marketing LLC (hereafter "We" or "Us") aim to
offer information conducive to your benefit. We may use your personal
information (your name, e-mail address, street address, telephone number)
subject to the terms of this privacy policy. We dislike spam as much as
you do and we will never sell, barter, or rent your email address to any
unauthorized third party; and we have taken measures to make sure that you
receive communications from us only after you have given your approval. How we gather information
from users How we collect and
store information depends on the page you are visiting, the activities in which
you elect to participate and the services provided. For example, you may be
asked to provide information when you register for access to certain portions
of our site or request certain features, such as newsletters or when you make a
purchase. Like most Web sites, we also collect information automatically and
through the use of electronic tools that may be not apparent to our visitors.
For example, we may log the name of your Internet Service Provider or use
cookie technology to recognize you and hold information from your visit.
As we adopt additional technology, we may also gather information through other
means. In certain cases, you can choose not to provide us with information, for
example by setting your browser to refuse to accept cookies, but if you do you
may be unable to access certain portions of the site or may be asked to
re-enter your user name and password, and we may not be able to customize the
site's features according to your preferences. What we do with the
information we collect Like other Web
publishers, we collect information to enhance your visit and deliver more
individualized content and advertising. We respect your privacy and do not
share your information with anyone. Aggregated Information
(information that does not personally identify you) may be used in many ways.
For example, we may combine information about your usage patterns with similar
information obtained from other users to help enhance our site and services
(e.g., to learn which pages are visited most or what features are most
attractive). Aggregated Information may occasionally be shared with our
advertisers and business partners. Again, this information does not include any
Personally Identifiable Information about you or allow anyone to identify you
individually. We may use Personally Identifiable Information collected on this
site to communicate with you about your registration and customization
preferences; our Terms of Service & Privacy Policy & Anti-Spam
Policy; additional services and products offered by us, and other topics we
think you might find of interest. We will use your
information only as permitted by law. In addition, from time to time as we
continue to develop our business, we may sell, buy, merge or partner with other
companies or businesses. In such transactions, user information may be among
the transferred assets. We may also disclose your information in response to a
court order, and at other times when we believe we are reasonably required to
do so by law, as well as in connection with the collection of amounts you may
owe to us, and/or to law enforcement authorities whenever we deem it
appropriate or necessary. Please note we may not provide you with notice prior
to disclosure in such cases, and you agree we have no obligation to do so. Affiliated sites,
linked sites and advertisements We expect all
partners, advertisers and affiliates to respect the privacy of our users.
Be aware, however, that third parties, including our partners,
advertisers, affiliates and other content providers, accessible through our
site, may have their own privacy and data collection policies and
procedures. For example, during your visit to our site you may link to,
or view as part of a frame on a web page, certain content that is actually
created or hosted by a third party. Also, through us you may be introduced to,
or be able to access, information, Web sites, and features offered by
other parties. We are not responsible for the actions or policies of such
third parties. You should check the applicable privacy policies of those
third parties when providing information on a feature or page operated by a
third party. While on our site,
other features available on our site may offer services operated by third
parties and may use cookies or other technology to gather information. We do
not control the use of this technology by third parties or the resulting
information, and we are not responsible for any actions or
policies of such third parties. You should also be
aware that if you voluntarily disclose Personally Identifiable Information on
message boards or in chat areas, that information can be viewed publicly and
can be collected and used by third parties without our knowledge and may result
in unsolicited messages from other individuals or third parties. Such
activities are beyond our control and this policy. You agree that
you are solely responsible for actions which you take on message boards and
chat rooms, and you exonerate us from any liability for those actions and agree
to indemnify and hold us harmless for the actions which you take. Children's Privacy We do not knowingly
collect personal information from children under the age of 16. If we learn
that we have personal information on a child under the age of 16, we will
delete that information willingly from our systems. We encourage parents to go
online with their kids. Here are a few tips to help make a child's online
experience safer:
Changes to this Policy We reserve the right
to change this policy at any time. Please check this page periodically
for changes to the policy. Your continued use of our site following the
posting of changes to these terms will mean you accept those changes.
Information collected prior to the time any change is posted will be used
according to the rules and laws that applied at the time the information was
collected. Governing law The laws governing
this policy are the same as those found in the Terms Of Use for
this website. Contacting Us We can be reached by
contacting: Bullpen Marketing LLC Phone: (972) 763-0040 E-mail: info@BeginnersWeightLiftingProgram.com
TERMS OF USE Terms of Use Last updated on
December 1, 2007 Please read the Terms
of Use carefully before accessing or using this Site. ACCEPTANCE OF TERMS By accessing or using
this Site in any way, including using any Services, downloading Materials or
merely browsing the Site (capitalized terms defined below), you agree to and
are bound by the terms and conditions set forth in this document and in any
changes thereto that Bullpen Marketing, LLC (Bullpen) may publish from time to
time (collectively, the "Terms of Use"). If you do not agree to
all of the terms and conditions contained in the Terms of Use, do not access or
use this Site. Bullpen may change the
Terms of Use and other guidelines and rules posted on the Site from time to
time at its sole discretion. Your continued access or use of the Site, or any
Materials or Services, constitutes your acceptance of the changes. Your
access and use of the Site, Materials and Services will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site at
the time of such use. Please regularly check the "Terms of Use" link
on the home page of www.BeginnersWeightLiftingProgram.com
to view the then-current terms. If you breach any of the Terms of Use, your
authorization to access or use this Site, Services and Materials automatically
terminates, and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed. THE SITE Bullpen Marketing,
LLC, its affiliates and agents ("Bullpen") make this Web site and all
other websites of Bullpen Marketing, LLC with links to the Terms of Use
(collectively, the "Site"), and the Materials and Services, available
for your access and use subject to the Terms of Use. "Materials"
means all information, data, documents (e.g. white papers, press releases,
datasheets, FAQs, etc.), communications, downloads, files, text, images,
photographs, graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or enabled via
the Site by Bullpen or users of this Site. "Services" means all
services and resources offered or enabled via the Site by Bullpen and users of
this Site, including download areas, developer tools services, product and
other information services and communications services such as bulletin boards,
calendars, chat areas, communities, e-mail, forums (including lab and user to
user forums), newsgroups, personal webpages, photo albums and other message or
communication facilities designed to enable you to communicate with others
(collectively, "Communications Venues"). All Materials provided by
Bullpen are referred to collectively as "Bullpen Materials". All
user-supplied Materials are referred to collectively as "User
Materials". Certain Services may involve collaboration and file-sharing
services among a specified group. Materials posted by users in such group in
conjunction with such collaboration and file-sharing Services are referred to
collectively as "Shared Content". The group of persons among which
such collaboration and file sharing involving Shared Content takes place is
referred to herein as the "Work Group". All User Materials that are
not Shared Content shall be referred to herein as "User Content".
Bullpen Materials and User Materials may have different restrictions and
conditions associated with them under the Terms of Use and other guidelines and
rules posted via the Site. INTELLECTUAL PROPERTY;
LIMITED LICENSE TO USERS; TRADEMARK INFORMATION The Materials and
Services, as well as their selection and arrangement, are protected by
copyrights, trademarks, patents, trade secrets and all other intellectual
property and proprietary rights (collectively, "Intellectual Property
Rights"), and any unauthorized use of the Materials or Services may
violate such laws and the Terms of Use. Except as expressly provided herein,
Bullpen and its suppliers do not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame, download,
transmit, modify, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sublicense or reverse
engineer the Site, Materials or Services, any portions of the Site, Materials
or Services or the selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not to use any
data mining, robots or similar data gathering and extraction methods in
connection with the Site, Services or Materials. The trademarks, logos
and service marks ("Marks") displayed on this Site are the property
of Bullpen Marketing, LLC or other third parties. You are not permitted to use
the Marks without the prior written consent of Bullpen Marketing, LLC or such
third party that may own the Marks. Bullpen and the Bullpen logo are trademarks
of Bullpen Marketing, LLC. For a current list of
Bullpen's Marks, please contact Bullpen Marketing LLC at info@BeginnersWeightLiftingProgram.com. USE OF SITE AND
SERVICES You shall pay all
costs and charges, including phone charges and telecommunications equipment
costs, that you incur in order to access or use the Site, Services and
Materials. You must adhere to all limitations on dissemination, usage and
reproduction of any Materials that you download from the Site that are subject
to such limitations. You agree to use the Services only to access, download,
utilize, post, send or receive Materials in an appropriate manner as related to
the particular Materials or Services being accessed or used by you. As some
examples of improper activities when accessing or using the Site, Services or
Materials, you agree that you shall not:
When using Services or
Materials, you will be subject to any posted guidelines, rules or licenses
applicable to such Services or Materials, in addition to the Terms of Use.
Materials and Services provided by third parties (collectively, the
"Third-Party Services") are governed by separate agreements
accompanying such Materials and Services. Bullpen offers no guarantees and
assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility
between a Third-Party Service, Bullpen Materials, Bullpen provided Services or
another Third-Party Service. You agree that you will not hold Bullpen
responsible or liable with respect to the Third-Party Services. Certain Services and
Materials will only be made available to users who have paid Bullpen a fee for
such Services and Materials. Such users may additionally be required to enter
into a subscription agreement or other use agreement for that particular
Service or Material. In addition to these Terms of Use, users of any Services
that include Communications Venues may be required, in Bullpen’s sole
discretion, to agree to a separate legal agreement on the Site or otherwise.
Your access to such Communications Venues will be denied for violation of
either the Terms of Use or the applicable agreement. Bullpen, in its sole
discretion, may (but has no obligation to) monitor or review the Materials and
Services at any time. Bullpen may at any time without notice and in its sole
discretion: (a) terminate a Service, access to or use of any Materials or an
area of the Site where Materials are posted or submitted; and (b) disclose any
information related to your use of a Service or Material, or the substance of
any of your posted or submitted Materials, as Bullpen deems necessary to comply
with applicable law, regulation, legal process or governmental request. You
agree to use extra care when disclosing any personally identifiable information
about yourself or your children in any Services or when you post or otherwise
submit any Materials. If you are required to
establish an account in connection with a particular Service or Material, you
must complete the designated registration process for such Service or Material.
All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If
required, you must also choose a user name and password for such account. It is
your sole responsibility to keep your account number, user name, password and
other sensitive information confidential. If you become aware of any
unauthorized use of your account or any other breach of security, you shall
notify Bullpen immediately. If any Services or Materials provide
password-restricted access to your sensitive information (including customer
lists and contractual terms), then by accessing or using this Site and setting
up a password-restricted account for such Services or Materials, you consent to
Bullpen’s display of such information via such Services or Materials and accept
all risks of unauthorized access to such information. USE OF SOFTWARE Materials encompassing
any software code, including programs, tools, utilities, files and otherwise,
and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of
Bullpen or its suppliers. Use of such Software is governed by the terms of the
license agreement that accompanies or is included with the Software, or by the
license agreement expressly stated on the Site page(s) accompanying the
Software. Some license terms are available and are incorporated herein by this
reference. However, other terms and licenses may only be posted with the
Software downloads or at the Site page where the Software can be accessed. You
will not be able to use, download or install any Software that is accompanied
by or includes a license agreement unless you agree to the terms of such
license agreement. Absent a license agreement that accompanies the Software,
use of the Software will be governed by the Terms of Use. You agree that you
will not decompile, reverse engineer or otherwise attempt to discover the
source code of the Software. The Software is made available solely in
accordance with the license agreement. Without limiting the foregoing, unless
the accompanying license agreement expressly allows otherwise, any copying or
redistribution of the Software is prohibited, including any copying or
reproduction of the Software to any other server or location for further
reproduction, redistribution or use on a service bureau basis. Any
unauthorized use, copying or distribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Any Software which is
downloaded from or made available via the Site for or on behalf of the USE OF MATERIALS AND
USER CONTENT Except as indicated to
the contrary elsewhere on this Site, you may view, download, and print the
Bullpen Materials and User Content available on this Site subject to the
following conditions:
Use of the Bullpen
Materials or User Content for any other purpose is expressly prohibited and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible. The rights specified
above to view, download and print the Bullpen Materials and User Content
available on this Site are not applicable to the design, layout or look and
feel of this Site. Such elements of the Site are protected by law, including
trade dress, trademark, unfair competition and other laws, and may not be
copied or imitated in whole or in part. No Mark, graphic, sound or image from
the Site may be copied or retransmitted unless expressly permitted by Bullpen.
In addition, various sections of the Site may showcase the work of creative
professionals. Such Materials (whether Bullpen Materials or User Content)
belong to their creators, may be protected by Intellectual Property Rights and
are for display purposes only. Accordingly, you may not download or print these
works unless there is a notice associated with the work expressly permitting
such uses. SUBMITTED MATERIALS All of your User
Materials that you post on or otherwise submit via the Site and Services shall
not be confidential information or trade secrets owned by you or any other
party. You will receive no compensation for any use of your User Materials.
Bullpen may, but is not required to, post or use any of your User Materials that
you may post or otherwise submit. Bullpen does not pre-screen User Materials
that users provide or otherwise submit via the Site or Services; however,
Bullpen may remove any posted or submitted User Materials from the Site or any
Service for any reason without notice in its sole discretion. By posting or
submitting your User Materials, you represent and warrant that you own or
otherwise control all of the Intellectual Property Rights and other rights to
your User Materials as described in these Terms of Use, including all the
rights necessary for you to post or submit your User Materials. In addition, by
posting or otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise graphical in
whole or in part ("Images"), you represent and warrant that: (a) you
own the copyright in such Images, or that you have obtained all necessary
license(s) from the copyright owner(s) of such Images to use such Images, or
portions thereof, in keeping with your use in connection with the Site, the
Services and as otherwise permitted by these Terms of Use; (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use; and (c) you have received consent from any and all persons depicted in
such Images to use the Images as set forth in these Terms of Use, including the
distribution, public display, public performance and reproduction of such
Images. By posting or otherwise submitting Images, you grant to Bullpen and all
other users of this Site permission to use your Images in connection with their
use permitted by these Terms of Use (including making prints and gift items
incorporating such Images), including an unrestricted, irrevocable,
non-exclusive, worldwide, royalty-free and fully paid up license under all
Intellectual Property Rights to copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate, transmit and reformat
your Images, with or without having your name attached to such Images, in any
manner or form and for any purpose, with full rights to sublicense such rights
through multiple tiers of distribution. You will receive no compensation with
respect to the use of your Images. You are solely and
entirely responsible for all of your User Materials that you post or otherwise
submit via the Site or Services. You shall assume all risks associated with the
use of your User Materials including any reliance on the accuracy, completeness
or usefulness of your User Materials. Bullpen does not guarantee the accuracy,
integrity or quality of your User Materials. You acknowledge and agree that by
accessing or using the Site or Services, you may be exposed to User Materials
from others that are offensive, indecent or otherwise objectionable. Bullpen’s RIGHTS TO
SUBMITTED USER MATERIALS For all of your User
Materials that you post or otherwise submit to the Site, including (a) comments
to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or
(e) product suggestions, you grant Bullpen and the users of this Site an
unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully
paid up license under all Intellectual Property Rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate, reformat,
transmit and distribute such User Materials, with or without having your name
attached to such Images, in any manner or form and for any purpose, with full
rights to sublicense such rights through multiple tiers of distribution, and
you also acknowledge and agree that Bullpen is free to use any ideas, concepts,
know-how or techniques that you provide for any purpose without any
compensation to you. You acknowledge and agree that Bullpen shall not be liable
for any failure to store User Materials on the Site at any time. RESTRICTION AND
TERMINATION OF USE Bullpen may block,
restrict, disable, suspend or terminate your access to all or part of the Site,
Services and Materials at any time in Bullpen’s sole discretion, without prior
notice or liability to you. LINKS TO THIRD PARTY
SITES The Site, Services or
Materials may include links that will take you to other sites outside of the
Site ("Linked Sites"). The Linked Sites are provided by Bullpen to
you as a convenience and the inclusion of the links do not imply any
endorsement by Bullpen of any Linked Site. Bullpen has no control of the Linked
Sites and you therefore acknowledge and agree that Bullpen is not responsible
for the contents of any Linked Site, any link contained in a Linked Site or any
changes or updates to a Linked Site. You further acknowledge and agree that
Bullpen is not responsible for any form of transmission (e.g. web-casting)
received from any Linked Site. WARRANTIES AND
DISCLAIMERS THE SITE, SERVICES AND
MATERIALS, ARE PROVIDED BY BULLPEN UNDER THESE TERMS OF USE "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, BULLPEN MAKES NO WARRANTY THAT (i) THE SITE, SERVICES
OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR
MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v)
ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. THIS SITE, SERVICES
AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. BULLPEN MAY MAKE CHANGES TO THE SITE, MATERIALS AND
SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS
LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE,
MATERIALS AND SERVICES MAY BE OUT OF DATE, AND BULLPEN MAKES NO COMMITMENT TO
UPDATE THE SITE, MATERIALS AND SERVICES. YOU ACKNOWLEDGE AND
AGREE THAT: (i) BULLPEN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR
ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) BULLPEN MAKES
NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR
MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES
ARE AT YOUR OWN RISK; AND (iv) BULLPEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR
ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES. BULLPEN DOES NOT
CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY
DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS
RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY
SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT
AUTHORIZED BULLPEN SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT
THOSE OF BULLPEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULLPEN WILL HAVE NO
LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS,
LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BULLPEN ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF
ANY USER MATERIALS. THE USE OF THE SITE,
SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS
FROM SUCH ACTIVITIES. BULLPEN ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR
OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BULLPEN OR VIA THE SITE, SERVICES
OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE. BULLPEN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF
SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY
SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO
NINETY (90) DAYS. INTERNATIONAL USERS This Site can be
accessed from countries around the world and may contain references to Bullpen
products, services and programs that are not available in your country. These
references do not imply that Bullpen intends to announce such products,
services or programs in your country. The Site is controlled, operated and
administered by Bullpen Marketing, LLC from its offices within the PERSONAL INFORMATION
AND PRIVACY Bullpen will use and
protect your data, such as your name and address, in accordance with the
Bullpen Privacy Policy (click the link near the top of the page), the contents
of which are incorporated by reference into the Terms of Use. Please be aware
that your browser must be enabled to accept cookies in order for you to use
certain Materials and Services or to purchase from the Bullpen online store. LIMITATION OF
LIABILITY IN NO EVENT SHALL
BULLPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR IF BULLPEN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF
CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM
ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY
TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR
ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE
TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES
AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET NOTIFICATION OF
COPYRIGHT INFRINGEMENT Bullpen will, in
appropriate circumstances, terminate the accounts of users who infringe the
Intellectual Property Rights of others. Bullpen will investigate notices of
copyright infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2)
("DMCA"). If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site or in connection with the
Services or Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated Agent for this
Site (identified below), which must contain the following elements:
Bullpen’s Designated
Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: By telephone: By e-mail: The Designated Agent
should be contacted only if you believe that your work has been used or copied
in a way that constitutes copyright infringement and such infringement is
occurring on the Site or on sites linked to from the Site or in connection with
the Services or Materials. All other inquiries directed to the Designated Agent will
not be responded to. Such inquiries should be made through info@BeginnersWeightLiftingProgram.com. UNSOLICITED IDEA
SUBMISSION POLICY Unless a specific,
written, and mutually agreed-upon contract is signed by you & Bullpen
Marketing LLC, any unsolicited ideas, including ideas for advertising
campaigns, promotions, products, technologies, processes, materials, marketing
plans or product names, that are sent to Bullpen for consideration via this
Site shall not be considered or accepted by Bullpen, nor deemed confidential or
proprietary information (including any original creative artwork, samples,
demos or other works presented in connection therewith). Unless a
specific, written, and mutually agreed-upon contract is signed by both parties SPAM E-MAIL AND
POSTINGS In the event of your
or others’ access to or use of the Site, Services or Materials in connection
with the transmission of spam newsgroup postings or unsolicited e-mail in violation
of these Terms of Use, you acknowledge and agree that Bullpen would be
irreparably harmed thereunder and that monetary damages would be an
insufficient and ineffective remedy; therefore you agree that Bullpen is
entitled to obtain immediate injunctive relief against any such transmission
(in addition to all other remedies available at law or in equity). Bullpen may
without restriction block, filter or delete unsolicited e-mail. ADVERTISEMENTS AND
PROMOTIONS Bullpen may run
advertisements and promotions from third parties via the Site, Services or
Materials in any manner or mode and to any extent. Your communications,
activities, relationships and business dealings with any third parties
advertising or promoting via the Site, Services or Materials, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, shall be solely
matters between you and such third parties. You acknowledge and agree that
Bullpen is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence of
such non-Bullpen advertisers on the Site or in connection with the Services or
Materials. INDEMNITY AND LIABILITY You agree to indemnify
and hold Bullpen and BeginnersWeightLiftingProgram.com and their officers,
co-branders, other partners and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of: (a) your User Materials and any other content (e.g. computer viruses)
that you may submit, post to or transmit through the Site (including a third
party’s use of such User Materials or content (e.g. reliance on the accuracy,
completeness or usefulness of your User Materials)); (b) your access to or use
of the Site, Services or Materials (including any use by your employees,
contractors or agents and all uses of your account numbers, user names and
passwords, whether or not actually or expressly authorized by you, in
connection with the Site or any Services or Materials); (c) your connection to
the Site, Services or Materials; (d) your violation of the Terms of Use; (e)
the actions of any member of your Work Group; (f) your infringement of any third
party’s Intellectual Property Rights when using any of the Software made
available on the Site, Services or in any Materials; (g) your violation of any
rights of any third party; (h) your access to or use of Linked Sites and your
connections thereto; or (i) any dealings between you and any third parties
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linked sites) is controlled by Bullpen Marketing, LLC from its offices within
the state of Adjudication of
Disputes, Forum: Waiver of Right to Jury Trial. In the event that any
dispute arises between you and Bullpen whether under the terms hereof or as a
result of any action taken by Bullpen or you as a result or consequence of your
use of Bullpen’s or BeginnersWeightLiftingProgram.com’s website or any
documents or materials you downloaded, viewed or referred to on the this
website, or by reason of any communication, request for information or other
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respective successors, representatives, assigns, or heirs. In addition,
any claim, dispute, or controversy (“claim”) by you or Bullpen against the
other shall be resolved in an appropriate court of law located in LANGUAGE It is the express wish
of the parties that the Terms of Use and all related documents have been drawn
up in English. GENERAL The Terms of Use and
other rules, guidelines, licenses and disclaimers posted via the Site or in
connection with the Materials and Services constitute the entire agreement
between Bullpen and you with respect to your access to or use of the Site,
Materials and Services superseding any prior agreements between you and Bullpen
on such subject matter (including any prior versions of the Terms of Use).
Notwithstanding the foregoing, to the extent that any terms set forth in the
Terms of Use expressly contradict any terms of a written agreement between you
and Bullpen or BeginnersWeightLiftingProgram.com regarding the use of specific
Services or Materials (including Service-specific terms of use and
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also be subject to additional terms and conditions that may apply when you use
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not assign or otherwise transfer the Terms of Use nor any right granted
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thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties as reflected by
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right or provision. The section titles used in the Terms of Use are purely for
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TERMS OF USE Last updated on
December 1, 2007 Please read the Terms
of Use carefully before accessing or using this Site. ACCEPTANCE OF TERMS By accessing or using
this Site in any way, including using any Services, downloading Materials or
merely browsing the Site (capitalized terms defined below), you agree to and
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changes thereto that Bullpen Marketing, LLC (Bullpen) may publish from time to
time (collectively, the "Terms of Use"). If you do not agree to
all of the terms and conditions contained in the Terms of Use, do not access or
use this Site. Bullpen may change the
Terms of Use and other guidelines and rules posted on the Site from time to
time at its sole discretion. Your continued access or use of the Site, or any
Materials or Services, constitutes your acceptance of the changes. Your
access and use of the Site, Materials and Services will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site at
the time of such use. Please regularly check the "Terms of Use" link
on the home page of www.BeginnersWeightLiftingProgram.com
to view the then-current terms. If you breach any of the Terms of Use, your
authorization to access or use this Site, Services and Materials automatically
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of the Terms of Use must be immediately destroyed. THE SITE Bullpen Marketing,
LLC, its affiliates and agents ("Bullpen") make this Web site and all
other websites of Bullpen Marketing, LLC with links to the Terms of Use
(collectively, the "Site"), and the Materials and Services, available
for your access and use subject to the Terms of Use. "Materials"
means all information, data, documents (e.g. white papers, press releases,
datasheets, FAQs, etc.), communications, downloads, files, text, images,
photographs, graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or enabled via
the Site by Bullpen or users of this Site. "Services" means all
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this Site, including download areas, developer tools services, product and
other information services and communications services such as bulletin boards,
calendars, chat areas, communities, e-mail, forums (including lab and user to
user forums), newsgroups, personal webpages, photo albums and other message or
communication facilities designed to enable you to communicate with others
(collectively, "Communications Venues"). All Materials provided by
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Bullpen's Marks, please contact Bullpen Marketing LLC at info@BeginnersWeightLiftingProgram.com. USE OF SITE AND
SERVICES You shall pay all
costs and charges, including phone charges and telecommunications equipment
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reproduction of any Materials that you download from the Site that are subject
to such limitations. You agree to use the Services only to access, download,
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the particular Materials or Services being accessed or used by you. As some
examples of improper activities when accessing or using the Site, Services or
Materials, you agree that you shall not:
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applicable to such Services or Materials, in addition to the Terms of Use.
Materials and Services provided by third parties (collectively, the
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Materials will only be made available to users who have paid Bullpen a fee for
such Services and Materials. Such users may additionally be required to enter
into a subscription agreement or other use agreement for that particular
Service or Material. In addition to these Terms of Use, users of any Services
that include Communications Venues may be required, in Bullpen’s sole
discretion, to agree to a separate legal agreement on the Site or otherwise.
Your access to such Communications Venues will be denied for violation of
either the Terms of Use or the applicable agreement. Bullpen, in its sole
discretion, may (but has no obligation to) monitor or review the Materials and
Services at any time. Bullpen may at any time without notice and in its sole
discretion: (a) terminate a Service, access to or use of any Materials or an
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about yourself or your children in any Services or when you post or otherwise
submit any Materials. If you are required to
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All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If
required, you must also choose a user name and password for such account. It is
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all risks of unauthorized access to such information. USE OF SOFTWARE Materials encompassing
any software code, including programs, tools, utilities, files and otherwise,
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license agreement that accompanies or is included with the Software, or by the
license agreement expressly stated on the Site page(s) accompanying the
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reference. However, other terms and licenses may only be posted with the
Software downloads or at the Site page where the Software can be accessed. You
will not be able to use, download or install any Software that is accompanied
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source code of the Software. The Software is made available solely in
accordance with the license agreement. Without limiting the foregoing, unless
the accompanying license agreement expressly allows otherwise, any copying or
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reproduction of the Software to any other server or location for further
reproduction, redistribution or use on a service bureau basis. Any
unauthorized use, copying or distribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Any Software which is
downloaded from or made available via the Site for or on behalf of the USE OF MATERIALS AND
USER CONTENT Except as indicated to
the contrary elsewhere on this Site, you may view, download, and print the
Bullpen Materials and User Content available on this Site subject to the
following conditions:
Use of the Bullpen
Materials or User Content for any other purpose is expressly prohibited and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible. The rights specified
above to view, download and print the Bullpen Materials and User Content
available on this Site are not applicable to the design, layout or look and
feel of this Site. Such elements of the Site are protected by law, including
trade dress, trademark, unfair competition and other laws, and may not be
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the Site may be copied or retransmitted unless expressly permitted by Bullpen.
In addition, various sections of the Site may showcase the work of creative
professionals. Such Materials (whether Bullpen Materials or User Content)
belong to their creators, may be protected by Intellectual Property Rights and
are for display purposes only. Accordingly, you may not download or print these
works unless there is a notice associated with the work expressly permitting
such uses. SUBMITTED MATERIALS All of your User
Materials that you post on or otherwise submit via the Site and Services shall
not be confidential information or trade secrets owned by you or any other
party. You will receive no compensation for any use of your User Materials.
Bullpen may, but is not required to, post or use any of your User Materials that
you may post or otherwise submit. Bullpen does not pre-screen User Materials
that users provide or otherwise submit via the Site or Services; however,
Bullpen may remove any posted or submitted User Materials from the Site or any
Service for any reason without notice in its sole discretion. By posting or
submitting your User Materials, you represent and warrant that you own or
otherwise control all of the Intellectual Property Rights and other rights to
your User Materials as described in these Terms of Use, including all the
rights necessary for you to post or submit your User Materials. In addition, by
posting or otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise graphical in
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own the copyright in such Images, or that you have obtained all necessary
license(s) from the copyright owner(s) of such Images to use such Images, or
portions thereof, in keeping with your use in connection with the Site, the
Services and as otherwise permitted by these Terms of Use; (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use; and (c) you have received consent from any and all persons depicted in
such Images to use the Images as set forth in these Terms of Use, including the
distribution, public display, public performance and reproduction of such
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other users of this Site permission to use your Images in connection with their
use permitted by these Terms of Use (including making prints and gift items
incorporating such Images), including an unrestricted, irrevocable,
non-exclusive, worldwide, royalty-free and fully paid up license under all
Intellectual Property Rights to copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate, transmit and reformat
your Images, with or without having your name attached to such Images, in any
manner or form and for any purpose, with full rights to sublicense such rights
through multiple tiers of distribution. You will receive no compensation with
respect to the use of your Images. You are solely and
entirely responsible for all of your User Materials that you post or otherwise
submit via the Site or Services. You shall assume all risks associated with the
use of your User Materials including any reliance on the accuracy, completeness
or usefulness of your User Materials. Bullpen does not guarantee the accuracy,
integrity or quality of your User Materials. You acknowledge and agree that by
accessing or using the Site or Services, you may be exposed to User Materials
from others that are offensive, indecent or otherwise objectionable. Bullpen’S RIGHTS TO
SUBMITTED USER MATERIALS For all of your User
Materials that you post or otherwise submit to the Site, including (a) comments
to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or
(e) product suggestions, you grant Bullpen and the users of this Site an
unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully
paid up license under all Intellectual Property Rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate, reformat,
transmit and distribute such User Materials, with or without having your name
attached to such Images, in any manner or form and for any purpose, with full
rights to sublicense such rights through multiple tiers of distribution, and
you also acknowledge and agree that Bullpen is free to use any ideas, concepts,
know-how or techniques that you provide for any purpose without any
compensation to you. You acknowledge and agree that Bullpen shall not be liable
for any failure to store User Materials on the Site at any time. RESTRICTION AND
TERMINATION OF USE Bullpen may block,
restrict, disable, suspend or terminate your access to all or part of the Site,
Services and Materials at any time in Bullpen’s sole discretion, without prior
notice or liability to you. LINKS TO THIRD PARTY
SITES The Site, Services or
Materials may include links that will take you to other sites outside of the
Site ("Linked Sites"). The Linked Sites are provided by Bullpen to
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received from any Linked Site. WARRANTIES AND
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OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS
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BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR
MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v)
ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. THIS SITE, SERVICES
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LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE,
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UPDATE THE SITE, MATERIALS AND SERVICES. YOU ACKNOWLEDGE AND
AGREE THAT: (i) BULLPEN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR
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VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) BULLPEN MAKES
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MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES
ARE AT YOUR OWN RISK; AND (iv) BULLPEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR
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OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION,
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OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
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NINETY (90) DAYS. INTERNATIONAL USERS This Site can be
accessed from countries around the world and may contain references to Bullpen
products, services and programs that are not available in your country. These
references do not imply that Bullpen intends to announce such products,
services or programs in your country. The Site is controlled, operated and
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AND PRIVACY Bullpen will use and
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LIABILITY IN NO EVENT SHALL
BULLPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR IF BULLPEN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF
CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM
ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY
TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR
ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE
TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES
AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO
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COPYRIGHT INFRINGEMENT Bullpen will, in
appropriate circumstances, terminate the accounts of users who infringe the
Intellectual Property Rights of others. Bullpen will investigate notices of
copyright infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2)
("DMCA"). If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site or in connection with the
Services or Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated Agent for this
Site (identified below), which must contain the following elements:
Bullpen’s Designated
Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: By telephone: By e-mail: The Designated Agent
should be contacted only if you believe that your work has been used or copied
in a way that constitutes copyright infringement and such infringement is
occurring on the Site or on sites linked to from the Site or in connection with
the Services or Materials. All other inquiries directed to the Designated Agent will
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