Terms of Use

TERMS OF USE FORM

MIDWEST STRENGTH AND PERFORMANCE, LLC, along with its subsidiaries, divisions, affiliated and/or related companies maintains this site (the “Site”) for your personal entertainment, information, education, and communication. Please feel free to browse the Site.

This Site contains information concerning MIDWEST STRENGTH AND PERFORMANCE, LLC and MIDWEST STRENGTH AND PERFORMANCE, LLC’s products that may be useful to MIDWEST STRENGTH AND PERFORMANCE, LLC’s customers, and employees as well as the general public. In particular, MIDWEST STRENGTH AND PERFORMANCE, LLC makes no representation or warranties as to the accuracy of any information contained herein and expressly disclaims any obligation to update said information. MIDWEST STRENGTH AND PERFORMANCE, LLC further assumes no liability or responsibility for any errors or omissions in the content of this Site.

Please read the following terms of service agreement carefully. By accessing or using our sties and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressing agree to all of the terms and conditions, then please do not access or use our site or our services. This terms of service agreement is effective as of 05/24/24.

TERMS AND CONDITIONS

  1. You may freely browse the Site. You may freely download material therefrom. Any and all downloaded materials may be used by you for personal, noncommercial use. You may not, however, distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without the express written permission of MIDWEST STRENGTH AND PERFORMANCE, LLC. All copyright and other proprietary notices contained in downloaded materials must be retained.
  2. The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of MIDWEST STRENGTH AND PERFORMANCE, LLC. At its discretion, MIDWEST STRENGTH AND PERFORMANCE, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. MIDWEST STRENGTH AND PERFORMANCE, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept, and agree that MIDWEST STRENGTH AND PERFORMANCE, LLC shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
  3. You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of MIDWEST STRENGTH AND PERFORMANCE, LLC.
  4. Images of people or places displayed on the Site are the property of MIDWEST STRENGTH AND PERFORMANCE, LLC. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the Site. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
  5. Your use of the Site is at your own risk. Neither MIDWEST STRENGTH AND PERFORMANCE, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or any of the services referenced therein. This includes damages to your computer equipment, including any viruses. Without limiting the foregoing, everything on the Site is provided to you “AS IS” without warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
  6. Any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary information. MIDWEST STRENGTH AND PERFORMANCE, LLC may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, MIDWEST STRENGTH AND PERFORMANCE, LLC is free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.
  7. All contents of this Site are: © Copyright MIDWEST STRENGTH AND PERFORMANCE, LLC. All Rights Reserved. This Site is for the User’s personal, noncommercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Site. Nothing herein is to be taken as permission, inducement, or recommendation to practice any patented invention without a license. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, trademarks, trade dress, graphics, icons, and images, as well as the selection, assembly and arrange thereof are the sole property of MIDWEST STRENGTH AND PERFORMANCE, LLC. All audio and video clips are the sole property of MIDWEST STRENGTH AND PERFORMANCE, LLC, or its respective content providers. All software used on the site is the sole property of MIDWEST STRENGTH AND PERFORMANCE, LLC or those supplying the software. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. The information, software, products, and services published on this Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MIDWEST STRENGTH AND PERFORMANCE, LLC may make improvements and/or changes in this Site at any time.
  8. MIDWEST STRENGTH AND PERFORMANCE, LLC has not reviewed all of the sites that may be linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk.
  9. Although MIDWEST STRENGTH AND PERFORMANCE, LLC may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the Site, MIDWEST STRENGTH AND PERFORMANCE, LLC is under no obligation to do so, and MIDWEST STRENGTH AND PERFORMANCE, LLC assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the Site.
  10. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that MIDWEST STRENGTH AND PERFORMANCE, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
  11. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. MIDWEST STRENGTH AND PERFORMANCE, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing MIDWEST STRENGTH AND PERFORMANCE, LLC to disclose the identity of anyone posting any such information or materials.
  12. MIDWEST STRENGTH AND PERFORMANCE, LLC reserves the right to alter or delete material from the Site at any time.
  13. MIDWEST STRENGTH AND PERFORMANCE, LLC may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITAITED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by an y means other than electronic means.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the MIDWEST STRENGTH AND PERFORMANCE, LLC Online Privacy Policy (see the full Privacy Policy at [INSERT PRIVACY POLICY URL]). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by MIDWEST STRENGTH AND PERFORMANCE, LLC and/or our subsidiaries and affiliates.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF MIDWEST STRENGTH AND PERFORMANCE, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MIDWEST STRENGTH AND PERFORMANCE, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. MIDWEST STRENGTH AND PERFORMANCE, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MIDWEST STRENGTH AND PERFORMANCE, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MIDWEST STRENGTH AND PERFORMANCE, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MIDWEST STRENGTH AND PERFORMANCE, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MIDWEST STRENGTH AND PERFORMANCE, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MIDWEST STRENGTH AND PERFORMANCE, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

CLOSED CAPTIONING

BE IT KNOWN that MIDWEST STRENGTH AND PERFORMANCE, LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.

NOTICE

MIDWEST STRENGTH AND PERFORMANCE, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and MIDWEST STRENGTH AND PERFORMANCE, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to MIDWEST STRENGTH AND PERFORMANCE, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other MIDWEST STRENGTH AND PERFORMANCE, LLC Services, affiliate Services, third-party content, or third-party software.

CHOICE OF LAW AND FORUM

 It is at the mutual agreement of both you and MIDWEST STRENGTH AND PERFORMANCE, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and MIDWEST STRENGTH AND PERFORMANCE, LLC, shall be filed within the courts having jurisdiction within the County of DuPage, Illinois or the U.S. District Court located in said state. You and MIDWEST STRENGTH AND PERFORMANCE, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should MIDWEST STRENGTH AND PERFORMANCE, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2019 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to MIDWEST STRENGTH AND PERFORMANCE, LLC as follows:

Phone: 630-647-8177
Email: [email protected]