Terms of Service Agreement
Read This Terms of Service Agreement Before Accessing Website.
Effective Date: This Terms of Service Agreement was last updated on February 17, 2015.
This Terms of Service Agreement sets forth the standards of use of the Michael Penland and/or Matrix International Inc Online Service. By using the/this website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at this website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Michael Penland and/or Matrix International Inc is providing User with websites. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Michael Penland and/or Matrix International Inc on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Michael Penland and/or Matrix International Inc makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Michael Penland and/or Matrix International Inc shall have no liability for any interruptions in the use of this Website. Michael Penland and/or Matrix International Inc disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Michael Penland and/or Matrix International Inc SHALL NOT be liable for any damages whatsoever, and in particular Michael Penland and/or Matrix International Inc shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Michael Penland and/or Matrix International Inc has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Michael Penland and/or Matrix International Inc, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Michael Penland and/or Matrix International Inc reserves the right to modify or discontinue the Service with or without notice to the User. Michael Penland and/or Matrix International Inc shall not be liable to User or any third party should Michael Penland and/or Matrix International Inc exercise its right to modify or discontinue the Service. User acknowledges and accepts that Michael Penland and/or Matrix International Inc does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Michael Penland and/or Matrix International Inc makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Michael Penland and/or Matrix International Inc makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts Georgia
Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the Georgia, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Georgia.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2015 Michael Penland, with all rights reserved, or is the licensed property of Michael Penland and/or Matrix International Inc and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Michael Penland and/or Matrix International Inc is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Michael Penland and/or Matrix International Inc.
Michael Penland™ and/or My Nutrition Magic™ are proprietary marks of Michael Penland and/or Matrix International Inc. Michael Penland’s and/or the Matrix International Inc trademarks may not be used in connection with any product or service that is not provided by Michael Penland and/or Matrix International Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Michael Penland and/or Matrix International Inc.
All other trademarks displayed on Michael Penland and/or Matrix International Inc website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. Legal Notice: This website is powered by Amazon®, Adsense™, Clickbank®, Yahoo!® Answers and Youtube™. All trademarks are copyrighted by their respective owners. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Michael Penland and/or Matrix International Inc.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Michael Penland and/or Matrix International Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Michael Penland
Matrix International Inc.
P.O. Box 4342
Dalton, GA 30719
By Telephone: 706-218-1255
By Email: michael [AT] mynutritionmagic.com
Michael Penland and/or Matrix International Inc retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Michael Penland and/or Matrix International Inc reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Michael Penland and/or Matrix International Inc, in our sole discretion, to a third party in the event of a merger or acquisition.