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SANDOW – Terms of Use
Last Updated: February 2014

1. About the Terms of Use Generally.

These terms of use (“Terms of Use”) constitute a legally binding agreement between SANDOW (“SANDOW”, “we” or “us”) and you, and govern the rights and obligations applicable to your use of SANDOW’s websites and mobile websites (the “SANDOW Properties”), as well as the apps, tools, content, functions and features thereon (collectively, the “Content”).

By using or attempting to use our SANDOW Properties, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use, whether in whole or in part, the SANDOW Properties.

Below is a short summary of some significant terms that are included in these Terms of Use. You should always read the these Terms of Use in their entirety since they represent the terms of a binding agreement to which you are a party, but we thought it might be helpful to bring several key points to your attention right away:

  1. You are granted a non-exclusive, non-transferable limited license to use the SANDOW Properties, subject to these Terms of Use.
  2. To access certain tools, features or functions contained within the Content, you may be required to establish an account.
  3. We may make periodic updates to the SANDOW Properties at any time and from time to time with or without notice to you.
  4. The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.
  5. You must be at least 18 years of age to accept these Terms of Use and to use our SANDOW Properties.
  6. By using the SANDOW Properties in any manner, you consent to the collection, processing and use of all information that we may collect from you, all of which is collected and handled pursuant to the terms of our Privacy Policy. A copy of the Privacy Policy is located at http://www.sandowmedia.com/privacy/.
  7. You understand that you may encounter Content on the SANDOW Properties that you may find objectionable.
  8. Any User Content (as defined in Section 9 below) that you submit and/or contribute to SANDOW may be used by SANDOW under a royalty-free, non-exclusive, worldwide and perpetual license
  9. We may modify these Terms of Use and may change (e.g., add to, remove or modify) all or any part of these Terms of Use at any time, and although we will post a notice whenever we make a material change, you are responsible for checking these Terms of Use periodically to be sure you are aware of the terms and conditions that apply to you at any time.
  10. No information presented throughout any of the SANDOW Properties is intended to be construed as, or a substitute for, professional advice. The information presented throughout the SANDOW Properties is for general informational purposes only, and is not to be taken as medical advice or treatment information.
  11. Your use of any portion of the SANDOW Properties and/or your reliance on any of the information contained therein is at your own risk.
  12. SANDOW disclaims, to the fullest extent permissible by law, all representations and warranties regarding the SANDOW Properties as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.

If you have any questions regarding these Terms of Use, or if you would like to contact us for any other reason, write to SANDOW, 3651 NW 8th Avenue, Boca Raton, FL 33431, Attention: Peter Fain, Chief Operating Officer.

 

2. License; Reservation of Rights.

By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the SANDOW Properties solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.

We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the SANDOW Properties, and you expressly agree that your use of the SANDOW Properties is solely at your own risk. You agree that you will only use the SANDOW Properties for non-commercial personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title or interest in the SANDOW Properties, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the SANDOW Properties may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the SANDOW Properties, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.

 

3. Additional Restrictions.

Your use of the SANDOW Properties is also subject to the following restrictions:
You agree to abide by all of the terms and conditions in these Terms of Use. These Terms of Use will be enforced in a non-discriminatory manner to all end users of the SANDOW Properties, and may include, for example, required or automated updates and modifications, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

The SANDOW Properties are only intended for use by users with a United States or Canadian billing address (collectively, and as applicable, the “Territory”). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the SANDOW Properties from outside of the Territory. By using or continuing to use the SANDOW Properties, you represent, covenant and agree that you comply with the Territory requirements at all times.

You must be at least 18 years of age to agree to and accept these Terms of Use on your own behalf unless otherwise permitted by us in writing. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of Content available on the Service and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

You may not use the SANDOW Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the SANDOW Properties in any way.

Because the SANDOW Properties include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the SANDOW Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the SANDOW Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.

The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.

You acknowledge and agree that the views expressed on the SANDOW Properties do not necessarily reflect the views of SANDOW, and SANDOW does not support or endorse any content or materials, whether or not edited by SANDOW, that is posted or submitted by you or any other user.

You may be required to register as a user on the SANDOW Properties to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the SANDOW Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, SANDOW reserves the right to terminate your subscription and refuse any and all current or future use of the SANDOW Properties. SANDOW reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the SANDOW Properties to:

  1. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  2. “Stalk” another user;
  3. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Impersonate any person or entity, including, but not limited to, a SANDOW official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  8. Act in a manner that negatively affects other users’ ability to engage and use any aspect of the SANDOW Properties;
  9. Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  10. Harvest, collect or store information about the users of the SANDOW Properties posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.

You acknowledge that SANDOW is not responsible for material submitted to any of the SANDOW Properties by its users. SANDOW does not pre-screen, monitor, review or edit the content posted by users. However, SANDOW and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any submissions, in whole or part, that, in SANDOW’s judgment, does not comply with this Terms of Use or is otherwise undesirable, inappropriate or inaccurate. SANDOW is not responsible for any failure, non-failure or delay in removing such content. You agree to immediately notify SANDOW of any unauthorized use of the Service or any other breach of security known or suspected by you.

 

4. Disclaimer of Referrals.

In addition to the other restrictions, requirements and disclaimers set forth in these Terms of Use, to the extent SANDOW shall provide users with a referral source for medical and/or other professionals of any kind, then if you choose to use such referral tools (including without limitation, interacting with, using or seeking assistance from, any of the professionals referred to you), then to the extent available, you hereby agree and acknowledge as follows:

  1. SANDOW hereby disclaims all representations and warranties of any kind with respect to any professional that is or may be featured within the SANDOW Properties;
  2. The professional referral materials contained within any SANDOW Properties are not intended to constitute to, replace or otherwise be a substitute for professional advice;
  3. We do not guaranty the accuracy, quality or availability of the referrals;
  4. Even if certain medical procedures, perspectives and products are featured within any of the SANDOW Properties, we do not recommend or endorse them in any capacity;
  5. Your reliance on any Content and/or referral(s) originated within the SANDOW Properties is at your own risk; and
  6. For specific medical-related questions, please see a licensed health care professional of your choosing.

To provide users with a forum in which identify and locate professional, SANDOW cannot and does not involve itself in the agreements between users and the actual professionals that may be featured on the SANDOW Properties.(and/or their representatives). In addition, SANDOW does not screen any professionals and the fact that any professional appears on the SANDOW Properties does not imply an endorsement of him/her. Accordingly, SANDOW cannot ensure the success or level of care that may be provided by any such professional. You, and not SANDOW, is solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.

 

5. External Links Disclaimer.

The SANDOW Properties routinely contain links to external, third party websites. By providing links to other sites, SANDOW does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.

SANDOW does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to any SANDOW Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.

 

6. Mobile / Wireless Policy.

In addition to any fees which may be applied for use of any portion of the SANDOW Properties that requires payment (e.g., certain subscriptions, product/ service purchases, etc.), your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
Data obtained from you in connection with any SMS service that we offer may include your cell phone number, your provider’s name, and the date, time, and content of your messages. Subject to the terms and conditions of our Privacy Policy, We may use this information to contact you and to provide the services you request from us.

 

7. Contests, Promotions, Simulations or Games.

From time to time, SANDOW may offer as part of the SANDOW Properties, contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of SANDOW. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. SANDOW, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release SANDOW and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the SANDOW Properties. SANDOW is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the SANDOW Properties, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. SANDOW is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

 

8. Intellectual Property Rights.

The SANDOW Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the SANDOW Properties and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the SANDOW Properties which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.

Our SANDOW Properties are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the SANDOW Properties are protected, among other ways, under copyright laws as collective works and/or compilations pursuant to applicable United States, Canadian and foreign laws. You agree to comply with all applicable copyright protection laws in connection with your use of the SANDOW Properties. In addition to these Terms of Use, we may take appropriate measures to protect copyright of the Content and the SANDOW Properties.

You cannot use any of the trademarks or protected copyright materials found on and within the SANDOW Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.

 

9. Unsolicited Materials; User License

In operating the SANDOW Properties, SANDOW neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to SANDOW will not be treated as confidential or secret, save certain Transaction Information.

In addition to the foregoing, by communicating with SANDOW and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting SANDOW a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any SANDOW work product. You also warrant that any “moral rights” in posted materials have been waived.

 

10. Product Purchases.

Across certain SANDOW Properties, you will be permitted to purchase goods for sale thereon, and/or subscribe to certain programs offered by SANDOW that will regularly ship merchandise to you in consideration for your monthly subscription fee (a “subscription program”). All purchases are for consumer use only. No products purchased on any SANDOW Property may be resold, and dealer orders are expressly not permitted. SANDOW reserves the right to accept or reject any order/purchase.
Except in the case of your participation in subscription program in which the products sent to you are pre-determined by a SANDOW representative, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
SANDOW is committed to customer satisfaction. Should any non-conforming and/or damaged products be purchased and received by Users from any of the SANDOW Properties, whether or not in connection with those subscription programs offered by SANDOW, some products may be returned based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, SANDOW will gladly replace any products damaged from shipping or otherwise. All purchases on any SANDOW Property / subscription program shall exclusively be in U.S. dollars. We may revise the pricing for products and services we offer at any time. Unless SANDOW shall agree otherwise in writing, all products purchased will be sold FOB third party carrier.
We collect sales tax where required by applicable law.

 

11. Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy. You can access our Privacy Policy at http://www.sandow.com/privacy.

 

12. Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE SANDOW PROPERTIES THE CONTENT THEREON AND THE PRODUCTS/SERVICES OFERRED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS OF USE, SANDOW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SANDOW PROPERTIES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SANDOW PROPERTIES FEATURED OR SOLD THEREON, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. SANDOW DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE SANDOW PROPERTIES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SANDOW PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY SANDOW (AND/OR OTHERS) THROUGH THE SANDOW PROPERTIES.
SANDOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SANDOW PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE SANDOW PROPERTIES SHALL DO SO AT HIS/HER OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

13. Limitation of Liability.

IN NO EVENT WILL SANDOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SANDOW PROPERTIES, EVEN IF SANDOW OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE SANDOW PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SANDOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

14. Indemnification.

Upon a request by SANDOW, you agree to defend, indemnify and hold SANDOW, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the SANDOW Properties, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. SANDOW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SANDOW in asserting any available defense.

 

15. Software

From time to time, SANDOW may make software (i.e., apps, programs, etc.) available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

 

16. Image Terms of Use; Copyrights and Copyright Agent.

Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Mr. Peter Fain
SANDOW
3651 NW 8th Ave.
Boca Raton, FL
33431

We will respond expeditiously to claims of copyright infringement committed using the SANDOW Properties that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the SANDOW Properties hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  2. Identification of the copyrighted work(s) that you claim has been infringed;
  3. A description of the material that you claim is infringing and the location of that material on the Site;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).

 

17. Applicable Laws / Jurisdiction.

You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of Florida, in connection with any such dispute and including any claim involving SANDOW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

 

18. Remedies.

You agree that any unauthorized use of the SANDOW Properties will result in irreparable injury to SANDOW, for which money damages would be inadequate. Therefore, in such event, SANDOW shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that SANDOW may have under separate legal authority.

 

19. Provisions unenforceable or invalid.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

20. Assignment.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. SANDOW may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.